Giriraj Goswami & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3488/2016 GIRIRAJ GOSWAMI & ORS ..... Petitioners Through:

Mr. Chandan Malik and Mr. Randeep Pundir, Advs.

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

Mr. Tarang Shrivastava, APP for State with ASI Tej Ram, P.S.

Najafgarh.

Ms. Beauty Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 21.09.2016 Crl. M.A. 14735/2016 Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 3488/2016 Petitioner no. 1 and respondent no.2 were married on 2nd December, 2003 as per Hindu rites and ceremonies. Due to temperamental differences they started living separately since July, 2004. On the complaint of respondent no.2, present FIR 358/2007 was registered under Sections 498A/506/354/34 IPC at police station Najafgarh against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Petitioner no.1 and respondent

no.2 have settled their disputes amicably before the Mediation Centre, Dwarka Courts, New Delhi on 11th November, 2013. Marriage between the petitioner no.1 and respondent no.2 has also been dissolved by a decree of divorce on mutual consent on 19th September, 2014 by the Family Court, Dwarka, New Delhi.

Respondent no.2 is present in Court and has been identified by ASI Tej Ram of police station Najafgarh. Respondent no. 2 admits that she has compromised the matter with the petitioners and her marriage has also been dissolved by decree of divorce on mutual consent. She has no objection in case FIR is quashed.

Keeping in mind that petitioner no.1 and respondent no. 2 have settled their disputes, inasmuch as, their marriage has also been dissolved, no fruitful purpose would be served in keeping them entangled in the present criminal proceedings. Accordingly, in the interest of justice, FIR 358/2007 under Sections 498-A/506//354/34 IPC registered at police station Najafgarh and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 21, 2016 ga