Dushyant Kumar & ORS v. State Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2558/2017 DUSHYANT KUMAR & ORS ..... Petitioners Through:

Mr. M.L. Chaudhary, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with ASI Devender Kumar, P.S. Uttam Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2017 Respondent no.2 is wife of petitioner no.1. Respondent nos. 2 and 3 are relatives of petitioner no.1.

It is submitted that petitioner no. 1 and respondent no.2 are living together for the last more than one and a half years after resolving their differences. However, written MOU/Compromise Deed has been now exchanged by and between the parties on 5th July, 2017, whereby respondent no.2 has agreed for quashing of the FIR No. 890/2007 under Sections 498-A/406/34 IPC registered at police station Uttam Nagar. Respondent no.2 is present in Court and has been identified by ASI Devender Kumar of police station Uttam Nagar. She confirms having settled the matter with the petitioner no.1 and his relatives of her own free will and without any undue force, pressure or coercion. She submits that she

is living with the petitioner no.1 for the last one and a half years and FIR may be quashed.

Keeping in mind that husband (petitioner no.1) and wife (respondent no.2) have started living together after resolving their differences, in my view, no fruitful purpose would be served in keeping the present criminal proceedings pending. Accordingly, in the interest of justice, FIR No. 890/2007 under Sections 498A/406/34 IPC registered at police station Uttam Nagar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 11, 2017 ga