Vikrant Yadav & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2418/2016 VIKRANT YADAV & ORS ..... Petitioners Through:

Mr. Hemant Yadav and Ms. Suman Sharma, Advs.

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

Mr. R.S. Kundu, ASC for State with SI Shailender Singh, P.S. Bhajanpura.

Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.09.2016 Petitioner no.1 and respondent no. 2 were married on 25th November, 2012 according to Hindu rites and ceremonies. They could hardly live together for 7 months and started living separately from 30th May, 2013. On the complaint of respondent no.2, present FIR 87/2014 under Sections 498A/406/34 IPC was registered at police station Bhajan Pura against petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Petitioner no.1 and respondent no.2 have settled their disputes before the Mediation Centre, Karkardooma Courts, Delhi on 15th May, 2014. Their marriage has also been dissolved by a decree of divorce by mutual consent dated 1st June, 2015 by a Family Court (West), Tis Hazari, Delhi. Respondent no.2 is present in Court and has been identified by the

Investigating Officer present today.

She admits having received entire settled amount. She has no objection in case the FIR is quashed. Keeping in mind that both husband (petitioner no.1 ) and wife (respondent no.2) have decided to part their ways and, in fact, have obtained a decree of divorce by mutual consent, in my view, no fruitful purpose would be served in keeping them entangled in present criminal proceedings. Accordingly, in the interest of justice, FIR 87/2014 under Sections 498A/406/34 IPC registered at police station Bhajan Pura 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.

SEPTEMBER 02, 2016 ga