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High Court of DelhiW.P.(CRL)/3258/2017

Shobit Srivastava & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-02-12Hon'Ble Mr. Justice S.P.Garg2 pages

$~14 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3258/2017 & Crl. M.a. No.19145/2017 SHOBIT SRIVASTAVA & ORS ..... Petitioners Through Mr. Vikram Patralekh, Adv along with petitioner No. 2.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Rahul Mehta, Standing Counsel with Mr. Jamal Akhta, Adv along with ASI Balwant Singh.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE INDERMEET KAUR

O R D E R

% 12.02.2018 The petitioners are seeking quashing of present FIR No.12/2016 registered under Sections 448/380/34 of the IPC at Police Station Crime (Women) Cell, Nanak Pura on the complaint of respondent No. 2. It is state that the parties had entered into a decree of divorce dated 23.07.2017 by mutual consent. In terms of this settlement, he has paid a sum of ₹17.50 lacs has been received by respondent No. 2 from her husband along with two gold rings. Petitioner No. 1 has given a special power of attorney in favour of his mother/petitioner No.2 who is present in person. It was on the strength of this power of attorney that the divorce had also culminated inter-se the parties. Petitioners pray that the parties having entered into settlement and now living separately and peaceably from one

another, it is a fit case that the present proceedings should be quashed. No child was born out of the wedlock. Presence of the parties has been identified by their counsel as also by the Investigating Officer. To secure the ends of justice, it is accordingly ordered that FIR No.12/2016 registered under Sections 448/380/34 of the IPC at Police Station Crime (Women) Cell, Nanak Pura and all proceedings emanating thereto be quashed.

Petition disposed of.

INDERMEET KAUR, J FEBRUARY 12, 2018