Nilanjan Sarker & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 779/2017 NILANJAN SARKER & ORS ..... Petitioners Through:

Mr. Anuj Aggarwal and Mr. Vivek Aggarwal, Advs.

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

Mr. Sanjay Lao, ASC for the State with Mr. Siddarth Sindhu, Adv. along with SI Gajender Singh, P.S. CAW, Nanakpura.

Mr. J.K. Srivastava, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.03.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably before the Mediation Centre, Dwarka on 19th May, 2016 (Annexure P-3). It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent on 17th February, 2017 by the Family Court, Dwarka, New Delhi.

Respondent no.2 is present in Court along with her counsel and has been identified by SI Gajender Singh of CAW Cell, Nanakpura. Respondent no.2 submits that has settled the matter with the petitioners, inasmuch as,

received entire settled amount.

She has no objection in case the FIR is quashed.

Keeping in mind that petitioner no.1 and respondent no.2 have decided to part their ways and have, in fact, obtained a decree of divorce by mutual consent, in my view, no fruitful purpose would be served in keeping them entangled in present criminal proceedings. Accordingly, in the interest of justice, FIR No. 110/15 under Sections 498-A/406/34 IPC registered at CAW Cell Nanakpura and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

MARCH 10, 2017 ga