High Court of DelhiW.P.(CRL)/747/2016

Devendra Kumar @ Sonu & ORS v. The State ( NCT Of Delhi) & ANR

2016-09-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 747/2016 & Crl.M.A.4159/2016 DEVENDRA KUMAR @ SONU & ORS ..... Petitioners Through :

Mr. Umesh Kumar and Mr. Satish Sharma, Advs.

versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through :

Mr.

Sanjay Lao, ASC and Mr.

Siddarth Sindhu, Adv. for R-1 with SI Raj Kumar, CAW Cell, East.

Mr.

Hitesh Bhardwaj and Mr.

Chandresh Dubey, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.09.2016 By this writ petition under Article 226 of the Constitution of India, petitioners have prayed for quashing of FIR No.253/2013 under Sections 498A/406/34 IPC registered at police station Farsh Bazar, in view of settlement arrived at between the parties before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 11th November, 2014. Respondent no.2 is present in Court and admits that settlement has been arrived at before the Delhi Mediation Centre. She further admits that marriage between her and petitioner no.1 has already been dissolved by decree of divorce dated 27th January, 2015 by mutual consent in terms of settlement. She further admits

that she has received the entire settled amount. She further submits that she is not willing to pursue the FIR any further in view of settlement. Keeping in mind the facts that parties have settled their disputes before the Delhi Mediation Centre, inasmuch as, the entire settled amount has been received and marriage between petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce by mutual consent, no fruitful purpose would be served to entangle the parties in criminal proceedings. Accordingly, in the interest of justice, FIR No.253/2013 under Sections 498A/406/34 IPC registered at police station Farsh Bazar and consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

SEPTEMBER 30, 2016/dk