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High Court of DelhiW.P.(CRL)/3213/2016

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

2016-11-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3213/2016 DEEPAK & ORS.

..... Petitioners Through :

Mr. Satish K. Sansi, Adv.

versus STATE (GOVT. OF NCT OF DELHI ) & ANR.

..... Respondents Through :

Mr. R. S. Kundu, ASC and Mr.

Rakesh Kumar, Adv.

with ASI Davender PS Dabri.

Mr. Y. P. Sirohi, Adv. for R-2 with R2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.11.2016 Crl.M.A.17418/2016 (Exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 3213/2016 Petitioner nos.2 to 4 are the relatives of petitioner no.1. Marital discord between petitioner no.1 and respondent no.2 had led to registration of present FIR No.377/2013 under Sections 498A/406/34 at police station Dabri. Petitioner no.1 and respondent no.2 have settled their disputes before the Mediation Centre, Dwarka Courts, New Delhi on 7th January, 2016. Terms of settlement are stated to have been complied with. Marriage

between petitioner no.1 and respondent no.2 has already been dissolved by the decree of divorce by mutual consent dated 22nd August, 2016. Respondent no.2 is present in Court and admits having settled the matter with petitioner no.1. She further admits having received the entire settled amount. She submits that she has no objection in case the FIR is quashed. Parties have settled the matter with their own free will and without any undue force, coercion and pressure.

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

Accordingly, FIR No.377/2013 under Sections 498A/406/34 registered at police station Dabri is quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

NOVEMBER 09, 2016/dk