Rinku Diwakar & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2255/2016 RINKU DIWAKAR & ORS ..... Petitioners Through:

Mr. Vaibhav Bharti, Adv.

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

Ms. Nandita Rao, ASC with SI Ved Parkash, CAW Cell, Nanakura.

Mr. Gulab Singh, Mr. Saroj Nahar and Mr. Arvind Kumar, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.08.2016 Petitioner no.1 and respondent no. 2 were married on 20th July, 2007. With the passage of time their relations got strained and they started living separately since 27th March, 2014.

On the complaint of respondent no.2, present FIR 103/14 was registered under Sections 406/498-A/34 IPC at police station Crime Against Women Cell, Nanakpura against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 14. Petitioner no.1 and respondent no.2 have now settled their disputes amicably before the Mediation Centre, Dwarka Courts, Delhi on 26th March, 2015.

Marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 31st

May, 2016. Respondent no.2 is present in Court and has been identified by the Investigating Officer. She admits having received the entire settled amount. She has no objection in case FIR is quashed. Keeping in mind that both husband (petitioner no.1) and wife (respondent no.2 ) have decided to part ways and, in fact, have obtained a decree of divorce, no fruitful purpose would be served in keeping them entangled in criminal proceedings. Accordingly, in the interest of justice, FIR 103/14 under Sections 406/498-A/34 IPC registered at police station Crime Against Women Cell, Nanakpura and the consequent proceedings emanating therefrom are quashed.

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

AUGUST 03, 2016 ga