Mahesh Kumar & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3493/2017 CRL MA 14206/2017 (stay) MAHESH KUMAR & ORS.

..... Petitioners Through Mr. Anwesh Madhukar, DHLSC versus STATE & ANR.

..... Respondents Through Ms. Neelam Sharma, APP for State ASI Pramod, CAW Cell

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.11.2017 It is submitted that petitioner no.1 (husband) and respondent no.2 (wife) are living together for the last about 21⁄2 years after resolving their disputes amicably and a child has also been borne out of the said wedlock, thereafter. It is, therefore, prayed that FIR 298/2013 under sections 498A/406/34 IPC registered at police station Pandav Nagar and consequent proceedings emanating therefrom, may be quashed. Smt. Kavita, respondent No.2 is present in Court and has been identified by ASI Pramod of CAW Cell. Respondent no.2 states that she has settled the matter with petitioner No.1 and is living with petitioner no.1 for the last around 21⁄2 years. She says that she is not willing to pursue criminal proceedings against the petitioner no.1 and his relatives, that is, petitioner nos.2 to 4 and, therefore, the aforesaid FIR may be quashed.

Keeping in view the fact that the husband and wife have started living together after resolving their disputes, in my view, no fruitful purpose would be served by keeping them entangled in the criminal proceedings. Accordingly, the aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

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

A.K. PATHAK, J NOVEMBER 23, 2017 sm