Kushal Kumar Kashyap @ Kaushal v. State (Govt Of NCT Of Delhi) & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4560/2017 KUSHAL KUMAR KASHYAP @ KAUSHAL ..... Petitioner Through Mr. Nirmal Chawla, Adv versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Through Ms. Manjeet Arya, APP for State SI Yogesh Kumar, PS V Vihar Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.11.2017 Crl. M.A. 18202/2017 (exemption) Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 4560/2017 It is submitted that after resolving their differences on 30th March, 2015 before the Counsellor, Family Courts, Shahadra District, Delhi, petitioner (husband) and respondent no. 2 (wife) have started living together for the last 21⁄2 years; therefore, FIR no. 97/2011 under Sections 498A/406/34 IPC registered at Police Station Vivek Vihar, on the complaint of respondent no. 2 may be quashed. Respondent no. 2 is present in Court and has been identified by SI Yogesh Kumar of Police Station Vivek Vihar. She

says that she has settled the matter with the petitioner of her own free will, voluntarily and without any undue force, pressure or coercion. She says that she is living with the petitioner (her husband) and is not willing to pursue the FIR any further and the same may be quashed. 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 FIR no. 97/2011 under Sections 498-A/406/34 IPC registered at Police Station Vivek Vihar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J NOVEMBER 08, 2017 sm