Ashok Kumar & ORS v. The State & ORS

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3333/2017 ASHOK KUMAR & ORS ..... Petitioners Through Mr. Gulab Singh, Adv.

versus THE STATE & ORS ..... Respondents Through Mr. M.S. Oberoi, APP with SI Prabhakaran Nair, P.S. Chhawla

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.09.2017 Notice could not be issued to respondent No.2 as process fee was not filed.

However, respondent No.2 is present in Court and has been identified by SI Prabhakaran of Police Station Chhawla. Respondent No.2 is the mother of complainant (since deceased). FIR No.90/2009 under Sections 406/498A/34 IPC was registered at Police Station Chhawla by the complaint of late Ms.Varsha. After lodging of the FIR, late Ms. Varsha and petitioner are stated to had compromised the matter and their marriage was also dissolved by a decree of divorce of mutual consent dated 5th December, 2011. Respondent No.2 says that she has no grievance against the petitioners as settlement between the deceased and the petitioner No.1 had taken place during the lifetime of her daughter. Respondent No.2 says that FIR No.90/2009 under Sections 406/498A/34 IPC may be quashed.

Keeping in view the above facts, in the interest of justice. FIR No. 90/2009 under Sections 406/498A/34 IPC registered at Police Station Chhawla and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J SEPTEMBER 13, 2017 RB