LOKESH MITTAL Vs. STATE

JUDGEMENT

(1.) The second respondent was married to the first petitioner as per Hindu Rites and Ceremonies on 21.01.2015. From out of the wedlock, a girl child named Rishita took birth on 21.10.2015. The marriage ran into rough weather, the second respondent raised allegations of she having been subjected to cruelty and deprived of her stridhan, first information report (FIR) no. 02/2016 having been registered by police station CAW Cell, Nanak Pura, New Delhi on her complaint involving offences punishable under Sections 498A, 406, 34 of Indian Penal Code, 1860 (IPC), the case being directed against the husband (first petitioner), his parents (second and third petitioners) and his sister (fourth petitioner). On conclusion of investigation, police filed report under Section 173 of the Code of Criminal Procedure, 1973 (Cr.P.C.) on which cognizance was taken, the said matter now pending on the file of Metropolitan Magistrate.

(2.) The parties also came to be involved in certain other cases including the petition under Section 12 of Protection of Women from Domestic Violence Act, 2005 and another petition under Section 125 Cr.P.C. instituted by the second respondent, the first petitioner also having filed a petition for divorce under Section 13 of Hindu Marriage Act, 1955. They, however, were persuaded by their well-wishers to enter into an amicable settlement and executed memorandum of understanding (MoU) on 21.01.2019. It is on the basis of the said MoU that the present petition was filed seeking quashing of the proceedings arising out of the criminal case.

(3.) The second respondent has entered appearance on notice and pursuant to the directions in the previous order has submitted affidavit sworn on 30.07.2019. Along with the said affidavit, she has placed on record copy of her aadhar card as proof of her identity.