Jitender & ANR v. The State Govt Of NCT Of Delhi & ANR

$~17 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 3418/2017 JITENDER & ANR ..... Petitioners Through:

Mr.Lokesh Bharti, Advocate with Petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr.Rajesh Mahajan, ASC for the State with SI Bharat Singh, PS Farsh Bazar Ms.Apeksha, Advocate for R-2

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 06.12.2017 1.

By way of this petition filed under Article 226 of the Constitution of India, read with Section 482 Cr.P.C., the petitioner is seeking quashing of the FIR No.160/2010, under Sections 498-A/406/34 IPC, registered at PS Farsh Bazar.

2.

Notice. Learned ASC as above accepts notice on behalf of the State. 3.

Briefly stating the facts of the present petition, the marriage between petitioner No.1 and respondent No.2 was solemnized on 23rd July, 2007 according to Hindu rites and ceremonies. After marriage due to temperamental differences disputes had arisen between the parties and resulted into major differences between the parties. The parties started living separately. On the complaint of respondent No.2 the FIR No.160/2010 under Section 498-A/406/34 IPC was registered at PS Farsh Bazar, Delhi.

4.

During the pendency of the proceedings the matter was referred to W.P.(CRL) 3418/2017

Mediation Centre, Karkardooma Courts, Delhi where the petitioner No.1 and respondent No.2 amicably resolved all their disputes with each other and started living together with their daughter. The settlement dated 15th February, 2016 is attached along with the petition as Annexure-B. 5.

Learned counsel for the petitioners submit that as the petitioners and respondent No.2 have amicably settled all their disputes and now they are living together. Hence, no useful purpose would be served by keeping the criminal proceedings pending. He requests that the FIR and the proceedings emanating therefrom may be quashed.

6.

Respondent No.2 is present in the Court today and confirms the factum of amicable settlement with the petitioners. She confirms that she has started living together with the petitioner No.1. She submits that she does not wish to continue criminal proceedings against the petitioners and has no objection if the FIR in question and all consequent proceedings arising therefrom are quashed.

7.

In view of the aforesaid Mediation settlement between the parties, I am of the considered view that no useful purpose would be served by continuing with the FIR/criminal proceedings against the petitioners, which will only be an exercise in futility and wastage of precious time of the Court. 8.

Accordingly, the petition is allowed and FIR No.160/2010, under Sections 498-A/406/34 IPC, registered at PS Farsh Bazar and all the proceedings arising therefrom are hereby quashed. Order dasti.

PRATIBHA RANI, J.

DECEMBER 06, 2017 'hkaur'

W.P.(CRL) 3418/2017