Nishant Dhir & ANR. v. State & ANR.

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3549/2016 NISHANT DHIR & ANR.

..... Petitioners Through : Mr. Nischal Joshi, Adv.

versus STATE & ANR.

..... Respondents Through :Mr. R.S. Kundu, ASC with Mr.

Ankit Kumar Gulia, Adv. & SI Ram Pratap Yadav, P.S.

Vasant Kunj South for respondent no. 1 Mr.

Gautam Kumar, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.12.2016 Crl. M.A. no. 19407/2016 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

W.P.(CRL) 3549/2016 Notice. Learned Additional Standing Counsel accepts notice. It is submitted that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent dated 28th October, 2016 passed by the Family Courts, South - East, Saket Courts,

New Delhi.

Petitioner nos. 2 and 3 are relatives of petitioner no. 1. Respondent no. 2 submits that she is not willing to pursue the FIR any further, in view of the settlement arrived at between her and the petitioner no. 1. Respondent no. 2 is present in Court and has been identified by SI Ram Pratap Yadav, P.S. Vasant Kunj South. She submits that she has received entire settled amount from the petitioner no. 1. Keeping in mind that settlement has been arrived at between the parties and that their marriage has already been dissolved, in my view, no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 845/2014 under Sections 498-A/406/34 IPC registered at Police Station Vasant Kunj South, which is at the investigation stage, is quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

DECEMBER 16, 2016 rb