Fardeen Mirza v. State & ANR.

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6022/2018 FARDEEN MIRZA ..... Petitioner Through Mr. V. Elanchezhiyan and Mr. Vivek Yadav, Advs.

versus STATE & ANR.

..... Respondents Through Mr.

Izhar Ahmad, APP with SI Sanjay Kumar, P.S. Shakarpur Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.11.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Khairun Nisha @ Shanno is present in Court and accepts notice. She has been identified by SI Sanjay Kumar of police station Shakarpur.

It is submitted that petitioner (husband) and respondent no.2 (wife) have settled their disputes amicably and are living together for the last two weeks. Respondent no. 2 says that she has settled the matter with petitioner of her own free will and without any undue force, pressure or coercion. Respondent no. 2 further submits that she is presently living with the

petitioner after settling their differences and she has no objection in case FIR no.227/2018 under Sections 498-A/406/34 IPC registered at Police Station Shakarpur, which is at the investigation stage, is quashed against the petitioner.

Affidavit of respondent no. 2 has been filed in support of the petition.

Keeping in mind that husband and wife have started living together after resolving their differences, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR, which is at the investigation stage, is quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

NOVEMBER 29, 2018 r.bararia