GAURAV VIJ Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition under Sec. 482 Cr.P.C. for quashing of FIR No. 13/2020, under Ss. 498A/306/201 read with Sec. 34 of Indian Penal Code 1860, registered at Police Station- Prashant Vihar, Delhi, and all proceedings emanating therefrom.

(2.) In brief the facts of the case are that on 12/2/2010, the marriage between the petitioner no.1 and Late Mrs. Prachi Vij was solemnized and on 18/3/2013, Master Kenit Vij was born out of the wedlock. On 31/12/2019, Late Mrs. Prachi Vij was found dead and a suicide note was recovered, wherein, allegations were levelled against the petitioners, namely, Gaurav Vij (husband) of deceased and Neeta Vij (mother-in-law) of deceased. On 2/1/20, postmortem was conducted, wherein, it was opined that the death of the deceased was caused due to combined effect of asphyxia and venous congestion on the neck as a result of anti-mortem ligature hanging. The impugned FIR had been registered pursuant to the complaint dtd. 10/1/2020, that was filed ten days after the death of Late Mrs. Prachi Vij, by Respondent no. 2 (sister) of the deceased against the petitioners, under the belief that the petitioner no. 1 (husband) of deceased and petitioner no. 2 (mother-in-law) of deceased had subjected the deceased to mental and physical torture, thereby, instigating her to commit suicide. Consequently, during the pendency of the trial, the parties have settled the matter amicably in terms of the MOU/Settlement Deed dtd. 25/1/2021. Copy of the said settlement is placed on record.

(3.) Ld. counsel for the petitioners submitted that settlement has been arrived in this matter between the parties. The offence originally was registered in FIR No. 13/2020 under Ss. 498A/306/34 IPC. Subsequently, the charge sheet came to be filed wherein Sec. 201 IPC was added and in the supplementary charge sheet Sec. 75 of Juvenile Justice (Care and Protection of Children) Act, 2015 was also added. Pursuant to the reconciliation between the parties and primarily in interest of minor child, the settlement was arrived. Ld. counsel for the petitioners further submitted that the suicide was committed nearly ten years after the marriage. The cognizance has been taken, summons issued but the matter has not proceeded any further. It is also submitted that the connected FIR No. 464/20 under Ss. 420/467/471 IPC was quashed between same parties owing to the settlement deed dtd. 25/1/2021 by the Court of H.M.J. Suresh Kait on 13/5/2021.