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High Court of DelhiCRL.M.C./622/2019

Capt. ( Retd) Shalini Singh v. Govt Of NCT Of Delhi & ANR

2019-02-04Hon'Ble Mr. Justice A.K. Pathak2 pages

$~56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 622/2019 & CRL.M.A.2559/2019 CAPT. ( RETD) SHALINI SINGH ..... Petitioner Through :

Ms. Arpita Rai, Adv. along with petitioner in person.

versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through :

Ms. Manjeet Arya, APP for the State with ASI Vishanpal Noga, PS R.K.

Puram.

Mr. Raghav Mehdiratta, Adv. for R-2 along with R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.02.2019 Respondent no.2, Major (Retd.) Saurabh Priya Singh is present in Court. It is submitted that the FIR is the outcome of marital discord between the petitioner and respondent no.2.

It is submitted that the marriage of petitioner and respondent no.2 has already been dissolved by a decree of divorce by mutual consent dated 29th November, 2018 passed by the Family Court, South West District, Dwarka Courts, Delhi It is submitted that disputes between the petitioner and respondent no.2 in respect of present FIR No.3/2012 under Section 12 of the Passport

Act have also been settled before the Mediation Centre, Dwarka Courts, Delhi. Learned APP submits that during the investigation Sections 420/177 of IPC were also added.

Respondent no.2 alleged in the FIR that petitioner had obtained passport by representing herself to be a widow during the period when their marriage was subsisting. Learned counsel submits that the necessary corrections have already been made and the petitioner has been issued a fresh passport by the Passport Authority In the above facts and circumstances, I am of the view that no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the 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 FEBRUARY 04, 2019 mk