$~34

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IN THE HIGH COURT OF DELHI AT NEW DELHI

%

+

CRL.M.C. 1400/2022 & CRL.M.A. 6113/2022

KULDEEP & ANR.

..... Petitioners

Through:

Mr. Hemant Kapoor, Adv.

versus

STATE OF NCT OF DELHI & ANR.

..... Respondents

Through:

Mr. N.S.Bajwa, APP for State.

Mr. Gaurav Sharma, Adv. (DHCLSC)

for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. This is a petition under Section 482 Cr.P.C. for quashing of FIR No.

319/2016, under Section 376/506/34 IPC, registered with PS Nangloi, West

Delhi and further proceedings arising therefrom.

2. It has been submitted on behalf of the petitioners that in March, 2014

petitioner No. 1 received a friendship request from respondent No. 2, who

used to visit his maternal uncle, who was neighbour of the petitioners and

thereafter they became good friends.

2.1

Between May and June, 2016, petitioner No. 1 received a number of

marriage proposals and when he discussed the same with respondent No.2,

she became very angry at the petitioner No. 1. The marriage proposal of

respondent No. 2 was rejected by the family of petitioner No. 1 on the

ground that respondent No. 2 was related as ‘Bhanji’ of the entire village

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004148

Tikri, Delhi where the petitioners reside.

2.2

Respondent No. 2 on rejection of her marriage proposal filed a

complaint at PS Nangloi, Delhi. With the intervention of police officers;

family members and relatives, talks of marriage took place between

petitioner No. 1 and respondent No. 2. In the meantime, due to some

misunderstanding, respondent No. 2 filed a complaint at PS Nangloi on

15.07.2016, which resulted in registration of above-mentioned FIR.

2.3

Due to intervention of some responsible and respectable members of

society and community, the petitioner No. 1 and respondent No. 2 were able

to resolve their differences and their marriage was solemnized on

11.02.2016 as per Hindu Rituals at Akhil Bharat Hindu Mahasabha. They

moved a joint petition for quashing of the above-mentioned FIR, which was

registered as Crl.M.C.No. 4530/2016 but due to some technical reasons the

said petition was dismissed as withdrawn. Copy of the order is annexed as

Annexure P-3 to the petition.

2.4

Some differences arose between petitioner No. 1 and respondent

No.2, which were referred to Mediation/Conciliation in HMA No.

1886/2018 and in complaint M.C.No. 524/2018. The same were settled in

counselling session as well as in Mediation Centre and copies of the said

settlements dated 22.09.2021 and 28.09.2021 have been annexed as

Annexure P-4 (Colly). It has been submitted that respondent No. 2 has

agreed to withdraw the FIR No. 319/2016 and there is no grievance left at

her instance against the present petitioners. Petitioner No. 1 and respondent

No. 2are also expecting their first child in October, 2022.

3. Notice was issued. Status report as well as reply on behalf of

respondent No. 2 has been filed. Status report details the facts regarding

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004148

registration of FIR, recording of statement of respondent No. 2 under

Section 164 Cr.P.C. and the marriage between petitioner No. 1 and

respondent No. 2 on 27.07.2016 and filing of charge-sheet on 27.02.2018

against the present petitioners. The factum regarding marriage between

petitioner No. 1 and respondent No. 2 solemnised on 27.07.2016 has been

admitted.

4. In the reply filed by respondent No. 2, it has been mentioned that the

FIR was registered due to some misunderstanding and after due intervention

of close relatives, all the misunderstanding between the petitioners and

respondent No. 2 have been resolved. The complainant/respondent No. 2 is

living happily with the petitioners since 2021 and she has willingly signed

the no objection dated 03.01.2022 after understanding the contents of the

pr