Jatin Chandok & ORS. v. State & ANR.

$~53 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2848/2016 JATIN CHANDOK & ORS.

..... Petitioners Through :

Mr. Dheeraj Kumar, Adv.

versus STATE & ANR.

..... Respondents Through :

Mr. Avi Singh, ASC and Ms. Megha, Adv., with SI Vikas Yadav PS Palam Village.

Mr. Pramod K. Sharma, Mr. Chander Shekhar Sharma and Ms.

Ankita Vashisht, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.09.2016 Petitioner no.1 and respondent no.2 were married on 29th November, 2008 as per Hindu Rites and Ceremonies. On account of temperamental differences, they started living separately since 2013. On the complaint of respondent no.2, present FIR No.266/2014 under Sections 498A/406/34 IPC was registered at police station Palam Village. Petitioner nos.2 to 4 are the relatives of petitioner no.1. Petitioner no.1 and respondent no.2 have settled their disputes on 14th October, 2014 before the Mediation Centre, Dwarka Courts. It is submitted that terms of settlement have already been complied

with.

Marriage between petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce by mutual consent passed on 6th May, 2016 by the Family Court, Dwarka. Respondent no.2 is present in Court and has been identified by SI Vikas Yadav PS Palam Village. She admits having received the entire settled amount.

She submits that she is not willing to pursue the FIR any further and same may be 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 their marriage has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, FIR No.266/2014 under Sections 498A/406/34 IPC registered at police station Palam Village is quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 27, 2016/dk