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High Court of DelhiW.P.(CRL)/2644/2016

Somesh Sharma & ORS. v. State & ANR.

2016-09-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~42 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2644/2016 SOMESH SHARMA & ORS.

..... Petitioners Through :

Mr. Amrit Rai Gupta, Adv.

versus STATE & ANR.

..... Respondents Through :

Mr. Ashish Aggarwal, ASC for R-1 with SI Prakash PS Kalkaji.

Mr. Agir Gupta and Ms. Biakthan Sangi, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.09.2016 Marital discord between petitioner no.1 (husband) and respondent no.2 (wife) had led to registration of the present FIR No.136/2015 under Sections 498A/406/34 IPC at police station Kalkaji. Petitioner nos.2 to 4 are the relatives of petitioner no.1.

Petitioner no.1 and respondent no.2 have settled their disputes amicably before the mediation centre, Saket Courts on 29th June, 2015.

Their marriage has already been dissolved by decree of divorce by mutual consent on 16th March, 2016 by the Family Court, South East, Saket. Respondent no.2 is present in Court and has been identified by SI Prakash PS Kalkaji. Respondent no.2 admits that she has

settled the matter with the petitioners.

She has further admitted having received the entire settled amount.

She has no objection in case the present FIR is quashed.

Keeping in mind the fact that petitioner no.1 and respondent no.2 have settled their disputes amicably and the entire settled amount has been received, inasmuch as, their marriage has already been dissolved by decree of divorce by mutual consent, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, the present FIR No.136/2015 under Sections 498A/406/34 IPC registered at police station Kalkaji is quashed.

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

SEPTEMBER 09, 2016/dk