Abdul Saleem Shah & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 979/2018 & Crl. M.C. No. 3589/2018 ABDUL SALEEM SHAH & ORS.

..... Petitioners Through Mr. R.K. Tomar, Adv.

versus THE STATE & ANR ..... Respondents Through Mr. M.S. Oberoi, APP for State with ASI R.K. Sharma, P.S. Hauz Qazi Mr. M.K. Pervez and Mr. R. Nadeem, Advs. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.02.2018 It is submitted that petitioner no. 1 (husband) and respondent no. 2 (wife) have settled their disputes amicably before the Counselling Cell, Family Courts, Central District, Tis Hazari Courts, Delhi on 6th July, 2017 and since then, they are living together; therefore, FIR No. 61/2017 under Sections 506/354(D)/509/120-B/34 IPC registered at Police Station Hauz Qazi on the complaint of respondent no. 2 against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5 may be quashed. Respondent no. 2 is present in Court and has been identified by ASI R.K. Sharma of Police Station Hauz Qazi. 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 and she has no objection in case FIR is quashed. Affidavit of respondent no. 2 has already been annexed with this petition at pages 32 to 34.

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, FIR No. 61/2017 under Sections 506/354(D)/509/120B/34 IPC registered at Police Station Hauz 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 26, 2018 r.bararia