Gopal Krishan v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1946/2016 GOPAL KRISHAN ..... Petitioner Through:

Mr.Mahendra Sharma, Adv.

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

Mr.Rajesh Mahajan, ASC with Ms.Parul Jamwal, Adv. for the State.

ASI Dharamvir Singh, PS CWC, Nanakpura.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2016 Issue notice to the respondents.

Learned Additional Standing Counsel accepts notice for respondent No.1.

Respondent No.2 is also present in Court and has been identified by ASI Dharamvir Singh. Respondent No.2 also accepts notice.

Learned ASC further points out that apart from petitioner, his parents and brother have also been named in the FIR filed by the complainant/respondent No.2. On the oral prayer made by counsel for the petitioner, Mohan Ram, Suresh Kumar and Tulsi Devi stand impleaded as petitioner Nos.2 to 4.

Amended memo of parties be filed during the course of the day.

Mohan Ram and Suresh Kumar are present in the Court. Tulsi Devi is stated to be bedridden.

Marital discord between petitioner No.1 and respondent No.2 has led to registration of the present FIR under Sections 498A/406/34 IPC at Police Station Crime Against Women Cell, Nanak Pura, New Delhi.

During the pendency of investigation, petitioners and respondent No.2 have settled their disputes amicably on the terms and conditions stipulated in Settlement Deed dated 08.08.2014 which fact has been admitted by the respondent no.2. It is further submitted that terms of settlement have been complied with and settled amount has been received by the respondent no.2. Marriage between the petitioner No.1 and respondent No.2 has also been dissolved by a decree of divorce by mutual consent by the Family Court. These facts have not been disputed by the respondent No.2. Since husband and wife have settled the matter amicably, they parted their ways, in my view, no fruitful purpose would be served in keeping the criminal proceeding pending.

Accordingly, in the interest of justice, FIR No.123/2014 registered at Crime Against Women Cell, Nanakpura, New Delhi under Sections 498A/406/34 IPC and the consequent proceedings emanating therefrom are quashed.

The petition is disposed of.

A.K. PATHAK, J JULY 11, 2016 gm