ANUJ SUHAG Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) Writ Petition under Article 226/227 of the Constitution of India, 1950 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'CrPC') for quashing of the Kalandra under Sec. 107/151 of CrPC, registered at Police Station Vasant Kunj (North) Delhi along with the proceedings emanating therefrom and to set aside the Order dtd. 15/4/2016, of the learned Special Executive Magistrate, South District, Vasant Vihar, Delhi.

(2.) It is submitted in the Petition that the Petitioner, Mr. Anuj Suhag got married to the Respondent No. 4, Ms. Seenu Suhag on 22/4/2015. Thereafter, matrimonial differences developed between them. By the end of June, 2015, the Respondent No. 4 informed the Petitioner that she was pregnant, hearing which the Petitioner was overjoyed and took her to a doctor and her pregnancy was confirmed. However, on 30/6/2015, the Respondent No. 4 informed that she did not want the child so soon and wanted to wait for a period of six months to one year before thinking about the child. Despite all his persuasions, she did not change her mind and many incidents happened between 10th to 18/7/2016, which widened the differences between the Petitioner and the Respondent No. 4 and were brought to the knowledge of the parents.

(3.) Eventually, a meeting was scheduled between the family on 18/7/2015 wherein the matters were discussed at length. The Respondent No. 4 along with her brother, Mr. Deepak @ Sunny, left the Petitioner's house at Vasant Kunj asserting that she would return after a few days but she did not return till 14/4/2016. In the interim, various meetings were held amongst the family members though, there was no resolution of the differences. On 20/1/2016, son was born to the Respondent No. 4 but the differences did not get sorted out.