Shiva Kumar v. State & ORS

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2794/2017 SHIVA KUMAR ..... Petitioner Through:

Mr. Dhan Mohan and Ms. Namita Wali, Advs.

versus STATE & ORS ..... Respondents Through:

Mr. Amit Gupta, APP for State with ASI Rawat Singh, P.S. Khayala.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.07.2017 It is submitted that petitioner (husband) and respondent no.2 (wife) have settled their disputes amicably and have started living together from 29th June, 2016.

Respondent no.2 is present in Court and has been identified ASI Rawat Singh of police station Khayala. She submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that she has been living with her husband (petitioner) happily for more than a year and is not willing to pursue the FIR.

Keeping in mind that husband (petitioner) and wife (respondent no.2) have started living together after ironing out their differences, in my view,

no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, FIR No. 535/2015 under Sections 498A/406/34 IPC registered at police station Khayala and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JULY 24, 2017 ga