W.P.(CRL)/2948/2016 of SUDHIR MANSINGHKA & ORS Vs STATE (GOVT OF NCT OF DELHI) & ANR
Parties
- INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(CRL) 2948/2016 & Crl.M.A.15733/2016 (Exemption)SUDHIR MANSINGHKA & ORS (PETITIONER)
- STATE (GOVT OF NCT OF DELHI) & ANR (RESPONDENT)
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Statutes cited (1)
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INTHEHIGHCOURTOFDELHIATNEWDELHI+W.P.(CRL) 2948/2016 & Crl.M.A.15733/2016 (Exemption)SUDHIR MANSINGHKA & ORS..... PetitionersThrough :Mr.PrashantDiwanandMr.Abhimanyu Sehra, Advs.SUDHIR MANSINGHKA & ORS..... PetitionersThrough :Mr.PrashantDiwanandMr.Abhimanyu Sehra, Advs.
versus
STATE (GOVT OF NCT OF DELHI) & ANR..... RespondentsThrough :Mr. R. S. Kundu, ASC, Mr. AnkitKumarGuliaandMr.KrantiBhandari, Advs. with SI Bharat PSBurari.Respondent no.2 in person.Through :Mr. R. S. Kundu, ASC, Mr. AnkitKumarGuliaandMr.KrantiBhandari, Advs. with SI Bharat PSBurari.Respondent no.2 in person.
CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%05.10.2016
Petitioner no.1 and respondent no.2 were married on 30[th]November,
2012.On account of temperament differences, they could not live togetherafter March, 2013. Petitioner nos.2 to 5 are the relatives of petitioner no.1.On the complaint of respondent no.2, present FIR was registered at policestation Burari, Delhi against the petitioners under Sections 498A/406/34 IPC.Petitioner no.1 and respondent no.2 have settled their disputes before theDelhi Mediation Centre, Tis Hazari Courts, Delhi on 19[th]November, 2015.Marriage between petitioner no.1 and respondent no.2 has already beendissolved by decree of divorce dated 9[th]June, 2016 by mutual consent by
Family Court, Central District, Tis Hazari Courts, Delhi. Respondent no.2 ispresent in Court and has been identified by SI Bharat of PS Burari. She admitshaving settled the matter with the petitioners.She also admits that she hasreceived the entire settled amount.She submits that she has no objection incase the FIR is quashed.
Keeping in mind the fact that the petitioner no.1 and respondent no.2
have settled their disputes before the Delhi Mediation Centre, inasmuch as,the entire settled amount has been received and their marriage has alreadybeen dissolved by decree of divorce by mutual consent, no fruitful purposewould be served to keep the criminal proceedings pending.Accordingly, theFIR No.375/2014 under Sections 498A/406/34 IPC registered at policestation Burari is quashed.
Writ petition is disposed of in the above terms.Miscellaneousapplication is disposed of as infructuous.
OCTOBER 05, 2016/dk
A.K. PATHAK, J.