Richie Sachdeva & ORS v. State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 708/2017 RICHIE SACHDEVA & ORS ..... Petitioners Through :Mr. Krishnadev Pandey, Adv. with petitioners in person.

versus STATE & ANR ..... Respondents Through :Mr. Ashish Aggarwal, ASC with Mr.

Piyush Singha, Adv. & SI Vikas Sahu, P.S.

Vikas Puri for the respondent no. 1 Mr.

V.K.

Chabra, Adv.

for the respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.03.2017 Crl. M.A. No.3904/2017 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) No. 708/2017 It is submitted that petitioner no. 1 and respondent no. 2 were married on 6th February, 2010, as per the Hindu rites and ceremonies. Present FIR No. 968/2014 under Sections 498-A/406/34 IPC was registered at Police Station Vikaspuri, on the complaint of respondent no. 2, on account of

marital discord between the petitioner no. 1 and respondent no. 2. Petitioner nos. 2 and 3 are the relatives of petitioner no. 1. Petitioner no. 1 and respondent no. 2 have settled their disputes amicably vide a Deed of Settlement/Compromise dated 8th April, 2015. Marriage between petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent dated 1st December, 2015 passed by the Family Court, West District, Delhi. Respondent no. 2 is represented by her father, namely, Mr. Vinod Kumar Manchanda, who is present in Court. He states that he holds a Special Power of Attorney dated 27th January, 2017, duly notarized on 18th February, 2017, in his favour, which has been executed by his daughter, namely, Ms. Reema Manchanda.

Special Power of Attorney has been placed on record and is marked as "Mark C-1". Mr. Vinod Kumar Manchanda has identified signature of his daughter Ms. Reema Manchanda on the Special Power of Attorney at "Mark A" and his own signature at "Mark B". He submits that he has personal knowledge about the settlement, inasmuch as he has got instructions from his daughter that she is not willing to pursue the FIR any further, in view of the settlement. He further submits that entire settled amount has already been received by the respondent no. 2. Keeping in mind the settlement arrived at between the petitioner no.

and respondent no. 2 and that marriage between them has already been dissolved by a decree of divorce by mutual consent, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No. 968/2014 under Sections 498-A/406/34 IPC registered at Police Station Vikaspuri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MARCH 07, 2017 rb