Gaurav Gupta & ORS v. State Of NCT Of Delhi & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2797/2016 GAURAV GUPTA & ORS ..... Petitioners Through :

Ms. Sima Gulati, Adv. with P-2 in person.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through :

Ms.

Nandita Rao, ASC with SI Gulshan Nagpal, CAW Cell, North for R-1.

Mr. Rashid Hashmi and Mr. Rashi Kotwala, Advs. for R-2 with Mr. Uma Kant Gupta, Attorney of R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.09.2016 Crl.M.A.14870/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 2797/2016 Petitioner no.1 and respondent no.2 were married on 30th October, 2011 at Ghaziabad. Thereafter, they shifted to United States of America. On the complaint of respondent no.2, present FIR No.518/2015 under Sections 498A/406/34 IPC was registered at police station Roop Nagar.

Respondent no.2 has appeared in Court today through her father Mr.Uma Kant Gupta, who holds Power of Attorney in his favour executed by respondent no.2. SI Gulshan Nagpal, CAW Cell, North has identified the father of respondent no.2.

Petition is supported by affidavit of respondent no.2 on which her photograph has also been affixed. Petitioner no.1 has also appeared through his father Mr. Yashpal Gupta, petitioner no.2 who also holds Power of Attorney in his favour executed by petitioner no.1. Petitioner nos.2 to 5 are the relatives of petitioner no.1. Learned counsels for petitioners as well as well respondent no.2 submit that matter has been settled between petitioner no.1 and respondent no.2 vide matrimonial settlement agreement dated 30th June, 2016 executed at New Jersey, United States of America.

It is submitted that marriage between petitioner no.1 and respondent no.2 has already been dissolved by the decree of divorce dated 30th June, 2016 passed by Superior Court of New Jersey, Chancery Division-Family Part, Hudson Country, New Jersey, United States of America.

Learned counsel for respondent no.2, on instructions from attorney of respondent no.2, submits that respondent no.2 is not willing to pursue the FIR any further.

Keeping in mind the fact that the petitioner no.1 and respondent no.2

have settled their disputes amicably, inasmuch as, their marriage has already been dissolved by decree of divorce, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, the present FIR No.518/2015 under Sections 498A/406/34 IPC registered at police station Roop Nagar is quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 23, 2016/dk