CRL.M.C./5462/2018 of RAHUL KUMAR RAWAL & ANR Vs THE STATE ( GOVT OF NCT OF DELHI ) & ORS

Court: Delhi High Court
Decision date: 2018-10-29
Case number: 5462/2018

Parties

RAHUL KUMAR RAWAL & ANR (PETITIONER)
THE STATE ( GOVT OF NCT OF DELHI ) & ORS (RESPONDENT)

Cites (1)

TEST.CAS./31/2003 of MOHINDER SINGH Vs THE STATE AC+ (2017)

Statutes cited (1)

indian penal code (1860)

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+CRL.M.C. 5462/2018 and Crl. M.A. No. 35085/2018

RAHUL KUMAR RAWAL & ANR..... Petitioners

ThroughMr. Avadh Pratap Singh and Mr.Imran, Advs.Imran, Advs.

versus

THE STATE ( GOVT OF NCT OF DELHI ) & ORS... RespondentsThroughMr.IzharAhmad,APPwithSIOmveer Singh, P.S. Nand NagriMs.SuchetaKumari,Adv.withrespondent nos. 2 to 5ThroughMr.IzharAhmad,APPwithSIOmveer Singh, P.S. Nand NagriMs.SuchetaKumari,Adv.withrespondent nos. 2 to 5

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%29.10.2018

Notice.Learned APPaccepts noticeforrespondent no. 1.Respondent nos.2 to 5 are present in Court along with their counsel andaccept notice.They have been identified by SI Omveer Singh of policestation Nand Nagri.

Petitioner no. 2 is relative of petitioner no. 1. Respondent nos. 3 to 5

are relatives of respondent no. 2. It is submitted that matter has been settledbetween the petitioner no. 1 and respondent no. 2, vide an Agreement – cum– Settlement Deed dated 7[th]July, 2017.It is submitted that marriagebetween petitioner no.1 and respondent no. 2 has already been dissolved by

decree of divorce by mutual consent dated 18[th]May, 2018 passed by theFamily Courts, Shahdara District, Karkardooma Courts, Delhi. Respondentno. 2 admits the settlement and also the fact that her marriage with petitionerno. 1 has already been dissolved by decree of divorce. Respondent no. 2says that she has no objection in case FIR no.84/2017 under Sections323/341/506/34 IPC registered at Police Station Nand Nagri and consequentproceedings emanating therefrom are quashed against the petitioners.Respondent nos. 3 to 5 submit that they also do not wish to pursue thematter any further in view of the settlement arrived at between the petitionerno. 1 and respondent no. 2 and the aforesaid FIR may be quashed.

Keeping in mind the settlement arrived at between the petitioners andprivate respondents voluntarily, in my view, no fruitful purpose would beserved to keep the criminal proceedings pending.Accordingly, in theinterest of justice, aforesaid FIR and consequent proceedings emanatingtherefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application

is disposed of as infructuous. Dasti.

OCTOBER 29, 2018r.bararia

A.K. PATHAK, J.