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High Court of DelhiW.P.(CRL)/2675/2016

Jai Prakash Sharma & ORS v. State (NCT Of Delhi) & ANR

2016-09-14Hon'Ble Mr. Justice A.K. Pathak2 pages

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2675/2016 JAI PRAKASH SHARMA & ORS ..... Petitioners Through : Mr. A.K. Singh, Adv.

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

Sanjay Rao, ASC with SI Rakesh, P.S.

Sarita Vihar for respondent no. 1 Mr. B. Badrinath, Adv. for respondent no. 2 with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2016 Crl. M.A. No. 14272/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) No. 2675/2016 Marital discord between the petitioner no. 1 and respondent no. 2 had led to registration of the present FIR No. 229/2015 under Sections 498A/406/34 IPC at Police Station Sarita Vihar against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Petitioner no. 1 and respondent no. 2 have settled their disputes before the Delhi High Court Mediation and

Conciliation Centre vide Settlement Agreement dated 30th November, 2015. Respondent no. 2 is present in Court and has been identified by SI Rakesh, P.S. Sarita Vihar.

Respondent no. 2 admits that matter has been settled between petitioner no. 1 and her. She further admits that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce dated 8th August, 2016 passed by the Family Courts, South-East, Saket Court, New Delhi, by mutual consent. Respondent no. 2 has also admitted that entire settled amount has already been received by her from the petitioner no. 1. Respondent no. 2 has no objection in case FIR is quashed. Keeping in mind the settlement arrived at between the petitioner no. 1 and respondent no. 2, I am of the view that no fruitful purpose would be served to keep them entangled in criminal proceedings, more so, when the marriage has already been dissolved by a decree of divorce by mutual consent.

Accordingly, in the interest of justice, FIR No. 229/2015 under Sections 498-A/406/34 IPC registered at Police Station Sarita Vihar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

SEPTEMBER 14, 2016/rb