Ashok Kumar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 471/2020 ASHOK KUMAR & ORS ..... Petitioners Through:

Mr Shailendra Singh, Mr Dayanand Sharma and Ms Vinita Gupta, Advocates.

versus THE STATE & ANR ..... Respondents Through:

Mr Amanpreet Singh, Advocate for Mr Rahul Mehra, Standing Counsel for State with SI Rakesh Malin, PS Jagatpuri.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 17.02.2020 CRL.M.A. 3513/2020, CRL.M.A. 3514/2020 & CRL.M.A. 3515/2020 1.

Allowed, subject to all just exceptions.

W.P.(CRL) 471/2020 2.

The petitioners have filed the present petition, inter alia, praying that FIR No.0161/2015 under Sections 34/406/498A of the IPC registered with PS Jagat Puri and all proceedings emanating therefrom, be quashed. 3.

The said FIR was registered at the instance of respondent no.2. Respondent no.2 is present in the Court and is identified by the investigating officer. states that she has since resolved all her disputes with the petitioners and does not wish to pursue the FIR in question. She states that, initially, she had filed the said FIR in view of matrimonial disputes that arisen between her and petitioner no.1 (her husband).

4.

The learned counsel appearing for the petitioners states that, initially, a settlement was arrived at between the concerned parties, wherein respondent no. 2 and her husband had decided to live together in separate premises.

However, the concerned parties found that they were not compatible and thereafter, they secured a decree of divorce by mutual consent.

5.

Petitioner nos.1 and 2 are present in the Court and they are identified by their counsel. They state that petitioner no.3 is unable to come to Court as she is suffering from cancer.

They state that they have full authority to make statements on her behalf, as well. They state that the petitioners have no grievances against respondent no.2 and pray that the FIR in question be quashed.

6.

In view of the above, this Court considers it apposite to allow the present petition.

7.

Accordingly, FIR No.0161/2015 under Sections 34/406/498A of the IPC registered with PS Jagat Puri and all proceedings emanating therefrom, are quashed.

8.

The concerned parties (petitioner nos.1 and 2 and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein.

VIBHU BAKHRU, J FEBRUARY 17, 2020/MK