Vineet Malik & Ors. v. State of Haryana & Anr.

Present : Mr. Kunal Dawar, Advocate, for the petitioners with Mr. Vineet Malik – petitioner No.1 in person. Mr. K.C. Gupta, Senior DAG Haryana for respondent No.1-State. Mr. Sudhir Sharma, Advocate, with respondent No.2- Shweta Malik in person. S.S.Saroj, J. … Crl. Misc. No.24280 of 2010 Reply by way of affidavit of Smt. Shweta Malik (respondent No.2) along with certified copy of order dated 13.1.2010 passed by learned Additional District Judge, 01 (Central) Delhi, attached with the criminal miscellaneous application is taken on record subject to just exceptions. The criminal miscellaneous application stands disposed of. Crl. Misc. No. M-4741 of 2010 This petition has been filed under Section 482 CrPC for quashing of the FIR No.299 dated 20.12.2008 (Annexure P-1) registered at Police Station Sushant Lok, District Gurgaon, for the offences under Sections 498- A, 506 IPC, besides Section 406 IPC, which was add later on.

The marriage between Smt. Shweta Malik (respondent No.2) and Vineet Malik (petitioner No.1) was solemnized as per Hindu rites and Crl. Misc. No. 24280 of 2010 and Crl. Misc. No.M-4741 of 2010 [2] ceremonies on 14.04.2007 at Rao Tula Ram Marg, Signal Enclave, New Delhi. On account of the matrimonial dispute between Vineet Malik (petitioner No.1) and Smt. Shweta Malik (respondent No.2), the FIR (Annexure P-1) was registered. The matrimonial dispute has now been amicably resolved and the parties have decided to part ways amicably. The charge report (challan) in the case has been filed but it is accepted position that so far charges have not been framed. In terms of the reply filed by respondent No.2, it is accepted that the matter has been compromised. It is submitted that both the parties have filed various civil and criminal cases against each other including the present FIR (Annexure P-1). During the pendency of the case, the parties decided to amicably settle their differences/disputes.

It was decided that the parties shal take divorce by mutual consent and shall withdraw their inter-se cases/complaints. It is accepted position that a petition under Section 13-B (i) of the Hindu Marriage Act, 1955 was filed in the court of learned Additional District Judge, Delhi for dissolution of marriage by decree of divorce by mutual consent. The divorce by mutual consent has been granted by the learned Additional District Judge, 01 (Central), Delhi, vide judgment and decree dated 13.07.2010. Photo stat copy of the judgment has been submitted. The present petition for quashing the FIR (Annexure P-1) was filed on 15.2.2010. It was agreed that both the parties would keep the petition pending till the time the divorce is granted. Now that divorce has been granted on 13.07.2010, it is submitted that the present petition for quashing of FIR (Annexure P-1) be allowed. Crl. Misc. No. 24280 of 2010 and Crl.

Misc. No.M-4741 of 2010 [3] Smt. Shweta Malik (respondent No.2) is present in Court and is identified by her counsel Mr. Sudhir Sharma. It is submitted by her that she has no objection to the quashing of FIR (Annexure P-1). Besides, she is making the statement with her own free will and desire and without any kind of pressure or undue influence. It is accepted by her that affidavit dated 05.05.2010 that has been filed is duly signed by her. It is submitted by learned counsel for the complainant-respondent No.2 that all the cases have been withdrawn by the complainant. However, petitioner No.1-Vineet Malik is yet to withdraw two complaints or any other complaint filed by him against respondent No.2. Mr. Vineet Malik (petitioner No.1) is present in Court and is identified by his counsel. It is stated by him that he will withdraw all the complaints that have been filed by him against respondent no.2 or any of her relatives or other associates.

It is accepted by both the parties that civil suit, complaint or application of any kind filed by either of the parties in connection with the matrimonial dispute shall be withdrawn and may be deemed to have been withdrawn. In the facts and circumstances, the parties have amicably resolved their matrimonial dispute and it would be just and expedient to terminate the proceedings by quashing the FIR (Annexure P-1). Learned counsel for the State has submitted that the State would have no serious objection to the quashing of the FIR (Annexure P-1) in case the dispute is amicably resolved. In B.S. Joshi versus State of Haryana and another (2003) 4 SCC 675, it has been held that in matrimonial disputes, Crl. Misc. No. 24280 of 2010 and Crl. Misc. No.M-4741 of 2010 [4] inherent powers of the High Court can be exercised to quash the proceedings to meet the ends of justice. In fact, it has been emphasized that the parties to matrimonial disputes should be encouraged to compromise the matter.

Keeping in view the facts and circumstances that the parties have amicably resolved their dispute, the criminal miscellaneous petition is allowed and the impugned FIR No.299 dated 20.12.2008 (Annexure P-1) registered at Police Station Sushant Lok, District Gurgaon, for the offences under Sections 498-A, 506 IP, besides Section 406 IPC, which was added later on and all consequential and subsequent proceedings in pursuance thereof shall stand quashed. November 16, 2010 Sukhpreet (S.S. SARON) JUDGE