Muktesh Dhingra & ORS v. State Of Delhi & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1301/2019 and Crl. M.A. no. 5169/2019 MUKTESH DHINGRA & ORS ..... Petitioners Through Mr. Tahir Ashraf Siddiqui, Adv. with petitioners in person versus STATE OF DELHI & ANR ..... Respondents Through Ms. Manjeet Arya, APP with SI Amit Kumar, P.S. Moti Nagar Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.03.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Kimmi Gandhi is present in Court and accepts notice. She has been identified by SI Amit Kumar of police station Moti Nagar. Petitioner no.1 (husband) and respondent no. 2 (wife) state that they have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 22nd December, 2015.

They have started living together for more than three years; therefore, FIR No. 324/2016 under Sections 498-A/406/34 IPC registered at Police Station Moti Nagar on the complaint of respondent no. 2 may be quashed. Respondent no. 2 submits

that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion. Respondent no. 2 further submits that presently she has no grievance against the petitioners and has no objection in case aforesaid FIR is quashed against petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 to this effect is on record.

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.

MARCH 11, 2019 r.bararia