Ashwani @ Deepak And ORS. v. State & ANR.

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 263/2019 and Crl. M.A. no. 1117/2019 ASHWANI @ DEEPAK AND ORS.

..... Petitioners Through Mr. Parkash Sharma, Adv.

versus STATE & ANR.

..... Respondents Through Mr. Amit Chadha, APP with W/SI Sudesh Kumari, P.S. Mundka Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.01.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Preeti is present in Court and accepts notice. She has been identified by W/SI Sudesh Kumari of police station Mundka. Learned APP submits that co-accused Jitender has not been made a party to this petition for quashing of FIR No. 269/2017 under Sections 498A/406/34 IPC registered at Police Station Mundka. On the oral prayer made by the learned counsel for petitioners, Jitender is impleaded as respondent no. 3. Amended memo of parties be filed during the course of the day.

Respondent no. 2 says that she has started living with her husband,

that is petitioner no. 1, after settling the disputes with him, vide a Memorandum of Understanding dated 10th July, 2018. Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion and she has no objection in case aforesaid FIR and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6 and respondent no. 3.

Keeping in mind that husband and wife have started living together after resolving their differences, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JANUARY 18, 2019 r.bararia