Mohd Asgar Khan & ORS v. The State (NCT Of Delhi) & ORS

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1681/2016 MOHD ASGAR KHAN & ORS ..... Petitioners Through:

Mr. Arif Liyaqat, Adv.

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

Mr. R.S. Kundu, ASC along with SI Manish Tyagi.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.07.2016 Petitioner no.1 is husband of petitioner no.2. Petitioner nos. 2 to 9 are relatives of petitioner no.1. Marital discord between petitioner no.1 and respondent no. 2 had led to registration of present FIR No. 1317/15 under Sections 498-A/406/34 IPC and Section 4 of D.V. Act at Police Station Khajoori Khas.

Pending investigation, parties have settled their disputes before the Principal Judge, Family Court, North East, Vishwas Nagar, Delhi, wherein not only the disputes involved in the present FIR but other litigations filed by the respondent no.2, that is, petition under Section 125 Cr.P.C. and under Section 12 of the Domestic Violence Act have also been settled. Photocopy of the settlement recorded by the Family Judge is annexed as Annexure-D.

Petitioner nos. 1 and 2 have parted their ways, inasmuch as, petitioner no.1 has pronounced Talaq.

Respondent no.2 is present in Court and has been identified by the Investigating Officer SI Manish Tyagi, P.S. Khajoori Khas. She submits that she has no objection in case the FIR is quashed, in view of the settlement.

Keeping in mind that husband wife have settled their disputes and have parted their ways, no fruitful purpose would be served in keeping them entangled in the present criminal proceedings. Accordingly, FIR No. 1317/15 under Sections 498-A/406/34 IPC and Section 4 of D.V. Act registered at Police Station Khajoori Khas and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

JULY 13, 2016 ga