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High Court of DelhiW.P.(CRL)/2536/2016

Pardeep Kumar & ORS. v. State & ANR.

2016-08-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2536/2016 PARDEEP KUMAR & ORS.

..... Petitioners Through:

Mr. Yash Prakash and Mr. V.K.

Sisodia, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr. Tarang Srivastava, APP for State with SI Deepak Vashisht, P.S. Vasant Kunj (South).

Ms. Madhu Bhushan, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.08.2016 Petitioner no.1 and respondent no. 2 were married according to Hindu rites and ceremonies on 28th June, 2009. Over the years their relations got strained. Respondent no.2 filed a petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 against the petitioner no.1 in Family Court, Patiala House Courts, New Delhi on 19th April, 2014. After three months, she filed the present FIR 707/14 under Sections 406/498-A/34 IPC at police station Vasant Kunj (South). Investigations are still pending. Petitioner nos. 2 to 6 are relatives of petitioner no.1. Petitioner no. 1 and respondent no.2 settled their disputes before the Counselling Cell, Family Courts, Patiala House Court, New Delhi on 3rd November, 2015.

Their marriage has also been dissolved by a decree of divorce by mutual consent on 5th July, 2016.

In terms of the settlement, respondent no.2 is present in Court today who has been identified by the Investigating Officer. Respondent no.2 admits having received entire settled amount. She has no objection in case the FIR is quashed.

Keeping in mind that parties have settled their disputes amicably, inasmuch as, their marriage has already been dissolved by mutual consent, in the interest of justice, FIR No. 707/2014 under Sections 498-A/406/34 IPC registered at police station Vasant Vihar (South) is quashed. Writ petition is disposed of in the above terms. Dasti.

A.K. PATHAK, J.

AUGUST 30, 2016 ga