Bhagwan Dass v. State (NCT Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3216/2016 BHAGWAN DASS ..... Petitioner Through : Ms. Garima Bhardawaj, Adv.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through :Mr. Avi Singh, ASC with Ms. Megha Bahl, Adv. for respondent no. 1 Mr. B.K. Koli, Adv. with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.11.2016 Family members of the petitioner, named in the FIR, have not been impleaded. Learned counsel for the petitioner has made an oral prayer for their impleadment as respondent nos. 3 to 9.

Petitioner is permitted to implead them as respondent nos. 3 to 9. Amended memo of parties be filed during course of the day.

Marital discord between the petitioner and respondent no. 2 had led to registration of the present FIR No. 666/2015 under Sections 498-A/406/34 IPC at Police Station Khyala against the petitioner and his family members. Petitioner and respondent no. 2 have settled their disputes before the Family

Courts (West District), Tis Hazari Courts, Delhi on 21st December, 2015. Marriage between the petitioner and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent dated 14th September, 2016.

Respondent no. 2 is present in Court and has been identified by IO/ASI Khushi Ram, admits having received the entire settled amount and submits that she has no objection in case the 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. 666/2015 under Sections 498-A/406/34 IPC registered at Police Station Khyala and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 09, 2016 rb