GULSHAN & ORS Vs. STATE & ANR

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu rites and ceremonies on 30.01.2012. No child took birth out of this wedlock. On 24.10.2013, the second respondent lodged first information report (FIR) no.235/2013 with police station Subzi Mandi, alleging offences punishable under Section 498A, 406, 34 of the Indian Penal Code, 1860 (IPC) against her husband (first petitioner), his mother (second petitioner) and his sister (third petitioner). On conclusion of the investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr. PC) on which cognizance was taken, the said matter being pending on the file of the Metropolitan Magistrate. The parties are stated to have entered into a settlement out of their own free will and volition by executing Memorandum of Understanding / Agreement dated 28.01.2015, by virtue of which they had, inter alia, agreed to bring an end to their marriage by mutual consent, and also approach this court for quashing of the proceedings arising out of the aforementioned FIR.

(2.) The petition, thus, has been moved before this court invoking Section 482 Cr. PC seeking quashing of the FIR no.235/2013 under Sections 406, 498A, 34 IPC of Police Station Subzi Mandi.

(3.) The second respondent was served with the notice and entered appearance on 03.05.2017. On her request, the matter was adjourned. On some of the subsequent dates, she would not appear. She could not appear on 17.05.2018 and the matter was once again renotified for another date. On 23.08.2018, when the matter was called out, there was again no appearance on her behalf, and consequently it was adjourned with direction that the second respondent would have the liberty to file her response on affidavit. The second respondent appeared again on 25.02.2019 when she sought assistance of an advocate at State expense. She was referred to Secretary, Delhi High Court Legal Services Committee for the needful to be done and given another opportunity for filing her response on affidavit within four weeks.