Tarun Singhal & ORS v. State & ANR

$55&56 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 739/2016 TARUN SINGHAL & ORS.

Petitioners Through: Mr. Kirti Uppal, Sr. Adv. with Mr.

Sanjeev Nariar and Mr. Ashish Verma, Advs. along with petitioner no.1 in person.

versus STATE & ANR Respondents Through: Mr. Sanjay Lao, ASC for State with SI Amit Rana, P.S. Maurya Enclave.

Mr. Ankur Jam, Adv. for R-2 along with R-2 in person.

W.P.(CRL) 741/2016 TARUN SINGHAL & ORS.

Through:

Petitioners Mr. Kirti Uppal, Sr. Adv. with Mr.

Sanjeev Nariar and Mr. Ashish Verma, Advs. along with petitioner no.! in person.

versus Li STATE & ANR Respondents Through: Mr. Sanjay Lao, ASC for State with SI Pradeep Kumar, P.S. Preet Vihar.

Mr. Ankur Jam, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK % jF.LJ0.1dJ1U Petitioner no.! and respondent no.2 were married on 8th December, By:AMULYA

2012. Marital discord between them had led to registration of following FIRs against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5:- FIR No. 595/2014 under Section 380 IPC registered at police station Maurya Enclave.

FIR No. 2 10/15 under Section 328/406/498-A134 IPC registered at police station Preet Vihar Petitioner no.1 and respondent no.2 have now amicably settled all their disputes, including the disputes involved in the present FIRs, before the Mediation Centre, Karkardooma Courts, Delhi. Marriage between the petitioner no.1 and respondent no.2 has also been dissolved by a decree of divorce by mutual consent dated 71h January, 2016 by the Family Court, Vishwas Nagar, Delhi. Respondent no. 2, who is present in Court and has been identified by the Investigating Officers, submits that she has settled the matter with the petitioners. She further submits that out of the total settled amount, that is, 780 lacs, she has already received 770 lacs. Learned counsels for the petitioners and respondent no.

2 submit that balance settled amount of10 lacs shall be paid to the respondent no.2 before the concerned Metropolitan Magistrate, Rohini at the time of acceptance of closure report filed in FIR No.733/2014 under Sections 354/509/323/376D/34 IPC registered at police station Maurya Enclave, Delhi. Respondent no.

submits that she has no objection in case the above noted two FIRs are quashed.

In view of the settlement arrived at between the parties and the fact that their marriage has already been dissolved by a decree of divorce, no fruitful purpose would be served in keeping them entangled in present criminal proceedings. Accordingly, in the interest of justice, FIR No. 10, 595/2014 under Section 380 IPC registered at police station Maurya Enclave and FIR No. 210/15 under Section 328/406/498-A134 IPC registered at police station Preet Vihar and the consequent proceedings emanating therefrom are quashed.

Both the writ petitions are disposed of in the above terms. AUGUST 19, 2016 It ga