Rahul Kumar Rawal & ANR v. The State ( Govt Of NCT Of Delhi ) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5462/2018 and Crl. M.A. No. 35085/2018 RAHUL KUMAR RAWAL & ANR ..... Petitioners Through Mr. Avadh Pratap Singh and Mr.

Imran, Advs.

versus THE STATE ( GOVT OF NCT OF DELHI ) & ORS... Respondents Through Mr.

Izhar Ahmad, APP with SI Omveer Singh, P.S. Nand Nagri Ms.

Sucheta Kumari, Adv.

with respondent nos. 2 to 5

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.10.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent nos.2 to 5 are present in Court along with their counsel and accept notice.

They have been identified by SI Omveer Singh of police station Nand Nagri.

Petitioner no. 2 is relative of petitioner no. 1. Respondent nos. 3 to 5 are relatives of respondent no. 2. It is submitted that matter has been settled between the petitioner no. 1 and respondent no. 2, vide an Agreement - cum - Settlement Deed dated 7th July, 2017.

It is submitted that marriage between petitioner no.1 and respondent no. 2 has already been dissolved by

a decree of divorce by mutual consent dated 18th May, 2018 passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi. Respondent no. 2 admits the settlement and also the fact that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce. Respondent no. 2 says that she has no objection in case FIR no.84/2017 under Sections 323/341/506/34 IPC registered at Police Station Nand Nagri and consequent proceedings emanating therefrom are quashed against the petitioners. Respondent nos. 3 to 5 submit that they also do not wish to pursue the matter any further in view of the settlement arrived at between the petitioner no. 1 and respondent no. 2 and the aforesaid FIR may be quashed. Keeping in mind the settlement arrived at between the petitioners and private respondents voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

OCTOBER 29, 2018 r.bararia