Harjeet Singh & ORS. v. State & ANR.

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 342/2017 HARJEET SINGH & ORS.

..... Petitioners Through:

Mr. Virendra Singh, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr. Rahul Mehra, Standing Counsel for the State with SI Ashish Tyagi, P.S. Nihal Vihar.

Mr. D. Kant, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.03.2017 Present FIR No. 162/2009 under Sections 498-A/406/34 IPC has been registered against the petitioners, on the complaint of respondent no.2 at police station Nihal Vihar.

It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably vide Compromise Deed dated 23rd December, 2014. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce by mutual consent by the Family Court, West, Tis Hazari Court, Delhi on 7th September, 2015. Respondent no. 2 is present in Court has been identified by SI Ashish Tyagi, of police station Nihal Vihar. She submits that she has settled the matter with the petitioners of her own free will and

without any undue force, coercion or pressure. She further submits that she is not willing to pursue the FIR any further in view of the settlement. Keeping in mind that petitioner no.1 and respondent no.2 have settled their disputes amicably, inasmuch as, their marriage has already been dissolved by decree of divorce by mutual consent, in my view, no fruitful purpose would be served in keeping the present criminal proceedings pending. Accordingly, in the interest of justice, FIR No. 162/2009 under Sections 498-A/406/34 IPC registered at police station Nihal Vihar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of.

A.K. PATHAK, J.

MARCH 03, 2017 ga