Rajeev & ANR v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3064/2018 RAJEEV & ANR ..... Petitioners Through:

Mr. Vijay Kumar, Adv.

versus STATE & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with ASI Harikesh, P.S. Moti Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Usha is present in Court and accepts notice. She has been identified by ASI Hariketsh of police station Moti Nagar. Respondent no.2 submits that she has joined the company of petitioner no.1 after settling her disputes with him. She submits that she has been living with her husband since March, 2018 and she has no complaints against the petitioner no.1 and his mother, that is, petitioner no.2 as of now, therefore, she is not willing to pursue the FIR No. 314/2013 under Sections 498A/406 IPC registered at police station Moti Nagar. Affidavit of respondent no.2 is already on record to this effect at pages 42-43. Keeping in mind that both husband and wife have started living

together after ironing out their difference, in my view, no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, aforesaid FIR 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.

MAY 30, 2018 ga