Jitender Kumar & ORS v. State & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3033/2016 & Crl.M.A.16243/2016 JITENDER KUMAR & ORS ..... Petitioners Through :

Mr. Satish Tamta, Sr. Adv. and Ms.

Nisha Narayana, Adv. with petitioners in person.

versus STATE & ANR ..... Respondents Through :

Ms. Mallika Parmar, Adv. for Ms.

Richa Kapoor, ASC.

Mr. Hemraj Tewatia and Mr. Devdutt, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.10.2016 Marital discord between petitioner no.1 and respondent no.2 had led to registration of the present FIR No.640/2015 under Sections 498A/406/34 IPC at police station Aman Vihar on the complaint of respondent no.2. Petitioner nos.2 to 4 are the relatives of petitioner no.1. Petitioner no.1 and respondent no.2 have settled their disputes vide settlement deed dated 10th February, 2016 (annexure B). Marriage between petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce dated 6th October, 2016 by mutual consent passed by Principal Judge, Family Courts, South East, Saket, New Delhi. Respondent no.2 is present in Court and admits having received

the entire settled amount.

Petitioner no.2 is present in Court and submits that he has also withdrawn two civil suits filed by him against respondent no.2 in District Courts, Yamuna Nagar. Respondent no.2 has no objection, in case the FIR is quashed.

Keeping in mind the facts that the parties have settled their disputes amicably, inasmuch as the marriage between the petitioner no.1 and respondent no.2 has already been dissolved by decree of divorce and the entire settled amount has been received, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, the FIR No.640/2015 under Sections 498A/406/34 IPC registered at police station Aman Vihar is quashed.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

OCTOBER 19, 2016/dk