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High Court of DelhiW.P.(CRL)/2403/2016

Rafik & Orfs v. State Of Delhi & ANR

2016-08-16Hon'Ble Mr. Justice A.K. Pathak2 pages

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2403/2016 & Crl.M.A.12671/2016 RAFIK & ORFS ..... Petitioners Through :

Mr.

C.

M.

Goyal, Adv.

with petitioners in person.

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

Mr. Rahul Mehra, Standing Counsel, Mr. Jamal Akhtar and Mr. Tushar Sannu, Advs. with SI Ravi Kumar PS Sangam Vihar.

Mr. Saif Ahmed, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.08.2016 Petitioner no.1 and respondent no.2 were married on 18th February, 2012. Marital discord between them led to the registration of present FIR No.15/2013 under Sections 498A/328/34 IPC registered at police station Sangam Vihar. Petitioner nos.2 & 3 are the relatives of petitioner no.1. Petitioner no.1 and respondent no.2 have now settled their disputes amicably before the Counselling Cell, Family Court, Saket. Photocopy of settlement agreement dated 28th March, 2016 has been placed on record. It is submitted that petitioner no.1 has also pronounced 'talaq' and the marriage between

petitioner no.1 and respondent no.2 has already been dissolved on 28th March, 2016. Respondent no.2 is present in Court and has been identified by SI Ravi Kumar PS Sangam Vihar.

Respondent no.2 admits having received the entire settled amount from the petitioner no.1 in cash. She submits that she has no objection in case the present FIR is quashed in view of the settlement arrived at between her and petitioner no.1 before the Counselling Cell, Family Court, Saket.

Keeping in mind the facts that petitioner no.1 and respondent no.2 have settled their disputes amicably, inasmuch as, entire settled amount has been paid and their marriage has already been dissolved, no fruitful purpose would be served by keeping the parties entangled in criminal proceedings. Accordingly, the present FIR No.15/2013 under Sections 498A/328/34 IPC registered at police station Sangam Vihar and the consequent proceedings emanating therefrom are quashed.

Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

AUGUST 16, 2016/dk