Mohd Azhar v. State & ANR.

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6021/2018 and Crl. M.A. no. 48308/2018 MOHD AZHAR ..... Petitioner Through Mr. Rashid Khan, Adv.

versus STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP with SI Ashok Kumar, P.S. H.N. Din Mr.

Ankush Chauhan, Adv.

with 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. Maimoona is present in Court alongwith her counsel and accepts notice. She has been identified by SI Ashok Kumar of police station H.N. Din.

Learned APP submits that there are more accused, who have not been impleaded in the petition.

Learned counsel for the petitioner and respondent no. 2 submit that other accused have been discharged by the trial court, vide order dated 12th May, 2017.

It is submitted that petitioner (husband) and respondent no.2 (wife) have settled their disputes amicably and are living together for the last one month. 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.540/2014 under Sections 498-A/406/34 IPC registered at Police Station H.N. Din. and consequent proceedings emanating therefrom are quashed against the petitioner.

Affidavit of respondent no. 2 to this effect is on record at pages 16-17.

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 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.

NOVEMBER 29, 2018 r.bararia