Sudhir Mansinghka & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~40 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2948/2016 & Crl.M.A.15733/2016 (Exemption) SUDHIR MANSINGHKA & ORS ..... Petitioners Through :

Mr.

Prashant Diwan and Mr.

Abhimanyu Sehra, Advs.

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

Mr. R. S. Kundu, ASC, Mr. Ankit Kumar Gulia and Mr.

Kranti Bhandari, Advs. with SI Bharat PS Burari.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.10.2016 Petitioner no.1 and respondent no.2 were married on 30th November, 2012.

On account of temperament differences, they could not live together after March, 2013. Petitioner nos.2 to 5 are the relatives of petitioner no.1. On the complaint of respondent no.2, present FIR was registered at police station Burari, Delhi against the petitioners under Sections 498A/406/34 IPC. Petitioner no.1 and respondent no.2 have settled their disputes before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 19th November, 2015. Marriage between petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce dated 9th June, 2016 by mutual consent by

Family Court, Central District, Tis Hazari Courts, Delhi. Respondent no.2 is present in Court and has been identified by SI Bharat of PS Burari. She admits having settled the matter with the petitioners. She also admits that she has received the entire settled amount.

She submits that she has no objection in case the FIR is quashed.

Keeping in mind the fact that the petitioner no.1 and respondent no.2 have settled their disputes before the Delhi Mediation Centre, inasmuch as, the entire settled amount has been received and their marriage has already been dissolved by decree of divorce by mutual consent, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, the FIR No.375/2014 under Sections 498A/406/34 IPC registered at police station Burari is quashed.

Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

OCTOBER 05, 2016/dk