Manoj Kumar Sinha vs State and Another

Hima Kohli, J.—The present petition is filed by the Petitioner u/s 482 Code of Criminal Procedure praying inter alia for quashing of FIR No. 145/2008 lodged by Respondent No. 2/complainant against the Petitioner, under Sections 376/323/506/120B IPC, registered with PS Vivek Vihar, Delhi, and all proceedings arising therefrom.

Counsel for the Petitioner states that both the parties were previously known to each other and as per Respondent No. 2/complainant, the Petitioner had promised to marry her and had forced her into physical relations, but later on went back on his word. Hence, Respondent No. 2/complainant was compelled to file the present FIR.

Subsequently, both the parties reconciled their inter se disputes and differences and got married on 11.12.2008, with the consent of their respective parents. It is stated that Respondent No. 2/complainant is residing with her husband, the Petitioner, at their matrimonial home and is not left with any further grievance against him;

Counsel for the Petitioner states that the parties have arrived at a settlement in terms of the Compromise Deed dated 21.10.2010 (Annexure-B), wherein the parties have accepted that there is no existing dispute between them as they have got married and are residing together happily.

Respondent No. 2/complainant, who is present in Court and is identified by the Investigating Officer, confirms the aforesaid position and states that she has arrived at the aforesaid settlement with the Petitioner of her own free will and volition and without any undue Influence or coercion from any quarter, and that she no objection to the quashing of the aforesaid FIR lodged by her.

The Court has interacted with Respondent No. 2/complainant, who states that she had fallen in love with the Petitioner and has got married with him out of her own free will and that her parents are residing at Kolkata. She further states that she is suffering from cancer and has to undergo frequent treatment and she also needs constant care, which she is not getting from her husband, to her satisfaction.

The Petitioner, who is present in Court, assures the Court that he will take care of his wife by all possible means. He states that he regularly hands over his salary to Respondent No. 2/complainant to meet the household expenses and for payments towards lease of their residential premises, which fact is confirmed by Respondent No. 2/complainant.

Learned APP for the State, on instruction from the Investigating Officer, confirms the fact that the parties have arrived at a settlement. He, therefore, does not oppose the prayer made in the present petition.

This Court has heard counsels for the parties. In view of the submission made by Respondent No. 2/complainant and considering the fact that the parties have arrived at a settlement of their own free will and volition and without any undue influence or coercion from any quarter and they are living together, no useful purpose will be served by proceeding further with the aforesaid FIR and the proceedings arising therefrom.

Accordingly, having regard to the statement made by Respondent No. 2/complainant, while quashing FIR No. 145/2008 lodged by Respondent No. 2/complainant with PS Vivek Vihar, Delhi, and all proceedings arising therefrom, liberty is granted to Respondent No. 2/complainant to approach the Court seeking redressal of her grievance against the Petitioner at a later stage, if necessary.

The petition is disposed of. File be consigned to the record room.