Ashish Kumar & ORS v. State Of N.C.T Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1998/2016 ASHISH KUMAR & ORS ..... Petitioners Through : Mr. Ravi Kumar, Adv.

versus STATE OF N.C.T OF DELHI & ANR ..... Respondents Through :Mr.

Avi Singh, ASC with Mr.

Ananya Mohan and SI Bijender Singh, P.S. OIA, New Delhi

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.07.2016 Crl. M.A. No. 10452/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 1998/2016 Petitioner no. 1 and respondent no. 2 were married on 18th January, 2013. After six months of marriage, differences arose between them and they started living separately with effect from 21st July, 2013. On the complaint of respondent no. 2, present FIR was registered under Sections 498-A/406/34 IPC at Okhla Industrial Area on 2nd January, 2014. In the FIR, respondent no. 2 has alleged harassment on account of demand of dowry. Charge-sheet has been filed. Petitioner nos. 2 to 7 are relatives of petitioner no. 1.

Petitioner no. 1 and respondent no. 2 have settled their

disputes amicably before the Mediation Centre, Saket Court, New Delhi on 25th July, 2015 on the terms and conditions as stipulated in the proceeding sheet of the Mediation Centre.

It is submitted that petitioner no. 1 and respondent no. 2 have obtained a decree of divorce by mutual consent from the Family Court, Saket, New Delhi.

Respondent no. 2 admits that the terms of settlement have already been complied with, inasmuch as last instalment of Rs.1 lac has been paid to her today in Court by a demand draft. Copy of the demand draft has been placed on record. Respondent no. 2 submits that she has no objection in case FIR is quashed. Keeping in mind that petitioner no. 1 and respondent no. 2 have parted their ways after obtaining a decree of divorce by mutual consent, no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.6/2014 under Sections 498-A/406/34 IPC registered at Police Station Okhla Industrial Area and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 15, 2016/rb