Pankaj Kumar Srivastav & ANR v. State (Govt Of NCT Of Delhi) & ANR

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2829/2016 PANKAJ KUMAR SRIVASTAV & ANR ..... Petitioners Through : Mr. Sanjeev Kumar, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through : Mr. Ashish Aggarwal, ASC with SI Sunil Kumar, P.S. Govind Puri for respondent no. 1 Mr. A.K. Rai, Adv. for respondent no.

2 with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.09.2016 Crl. M.A. No. 15128/2016 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) 2829/2016 Notice.

Learned ASC accepts notice for the respondent no. 1. Learned counsel accepts notice for the respondent no. 2. Petitioner no. 1 and respondent no. 2 were married on 24th April, 2013 as per Hindu rites and ceremonies.

On account of temperamental differences, they started living separately. On the complaint of respondent no. 2, present FIR No. 702/2015 under Sections 498-A/406/34 IPC was registered at Police Station Govind Puri.

Petitioner no. 2 is mother of

petitioner no. 1.

Petitioner no. 1 and respondent no. 2 have settled their disputes before the Counsellor, Family Courts, Tis Hazari, Delhi, vide Settlement dated 7th September, 2015. Marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce dated 2nd July, 2016 passed by the Family Courts, Tis Hazari, Delhi. Respondent no. 2 is present in Court and admits that she has received the entire settled amount. She submits that she has no objection in case present FIR is quashed.

Keeping in mind that petitioner no. 1 and respondent no. 2 have decided to part ways and have, in fact, obtained a decree of divorce by mutual consent, no fruitful purpose would be served in keeping them entangled in the criminal proceedings.

Accordingly, in the interest of justice, FIR No. 702/2015 under Sections 498-A/406/34 IPC registered at Police Station Govind Puri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

SEPTEMBER 26, 2016 rb