Vishal Malhotra & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2662/2016 & Crl.M.A.14231/2016 VISHAL MALHOTRA & ORS ..... Petitioners Through :

Mr.

Anil Anand, Adv.

with petitioners in person.

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

Mr. R. S. Kundu, ASC and Mr. Ankit Kumar Gulia, Adv. with ASI Mahavir Singh PS Moti Nagar.

Ms. Nitika Anand, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2016 Issue notice to the respondents. Learned additional standing counsel accepts notice for respondent no.1.

Respondent no.2 is present with her counsel and accepts notice.

Marital discord between petitioner no.1(husband) and respondent no.2 (wife) has led to registration of the present FIR No.441/2013 under Sections 498A/406/34 IPC against the petitioner no.1 and his relatives, that is, petitioner nos.2 & 3 at police station Moti Nagar. It is submitted that matter has been settled between the parties before the mediation centre, Tis Hazari Courts, Delhi on 6th January, 2015. Respondent no.2 admits that marriage

has already been dissolved by decree of divorce on 18th July, 2016 passed by Family Court (West), Tis Hazari Courts, Delhi by mutual consent. She further admits having received the entire settled amount from the petitioners. She submits that 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, inasmuch as, the entire settled amount has been received and marriage between them has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, the present FIR No.441/2013 under Sections 498A/406/34 IPC registered police station Moti Nagar is quashed. Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

SEPTEMBER 14, 2016/dk