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High Court of DelhiW.P.(CRL)/2900/2016

Rajiv & ANR v. State ( Govt Of NCT Of Delhi) & ANR

2016-10-03Hon'Ble Mr. Justice A.K. Pathak2 pages

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2900/2016 RAJIV & ANR ..... Petitioners Through :

Mr. Mrinmay Bhattmewara and Mr.

A. P. S. Jadaun, Advs.

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

Ms. Megha, Adv. for Mr. Avi Singh, ASC with SI Rakesh Rana PS Bharat Nagar.

Mr. Ramesh Kumar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.10.2016 Crl.M.A.15523/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

Crl.M.A.15524/2016 (Delay) For the reasons as stated in the application, delay in refilling is condoned.

Application is disposed of.

W.P.(CRL) 2900/2016 Marital discord between petitioner no.1 and respondent no.2 had led

to registration of present FIR No.507/2015 under Sections 498A/406/34 IPC at police station Bharat Nagar.

Petitioner no.2 is mother of petitioner no.1. Petitioner no.1 and respondent no.2 have settled their disputes amicably and their marriage has already been dissolved by decree of divorce dated 26th July, 2016 passed by Family Court, Dwarka under Sections 13(B)(2) of the Hindu Marriage Act.

Respondent no.2 is present in Court and has been identified by SI Rakesh Rana of PS Bharat Nagar. She admits that settlement has been arrived at between her and the petitioner no.1. She also admits having received the entire settled amount.

She submits that she has no objection in case the FIR is quashed.

Keeping in mind the fact that petitioner no.1 and respondent no.2 have settled their disputes amicably, inasmuch as, the entire settled amount has been received and their marriage has already been dissolved by decree of divorce, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, the present FIR No.507/2015 under Sections 498A/406/34 IPC registered at police station Bharat Nagar is quashed.

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

OCTOBER 03, 2016/dk