Mohd Ovais v. State (Govt. Of NCT Of Delhi) & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 599/2017 & Crl. M.A. No. 2586/2017 MOHD OVAIS ..... Petitioner Through : Mr. Vinod Kumar Agarwal, Adv.

versus STATE (GOVT. OF NCT OF DELHI) & ORS.

..... Respondents Through :Mr. Tarang Srivastava, APP for the State with SI Mukesh Yadav, PS.

B.K. Road Mr. S. Bharti, Adv. with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.02.2017 It is submitted that petitioner and respondent no. 2 are husband and wife. A quarrel took place between them on some trivial matter, which led to the registration of the present FIR No. 83/2016 under Sections 323/341/506/509 IPC at Police Station Barakhamba Road. Petitioner and respondent no. 2 resolved their differences on the same day and started living together ever since. Respondent no. 2 is present in Court along with her counsel and has been identified by SI Mukesh Yadav, P.S. Barakhamba Road. She submits that she has settled the matter with petitioner of her own free will and without any undue force, coercion and pressure and she is living with

the petitioner. She further submits that she is not willing to pursue the FIR any further.

Keeping in mind that husband and wife have resolved their differences and respondent no. 2 is not willing to pursue the FIR any further, in my view, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, FIR No. 83/2016 under Sections 323/341/506/509 IPC registered at Police Station Barakhamba Road 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 14, 2017 rb