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% 26.05.2011
Present: Mr. Rajeev Kumar, Adv. for the petitioner along with petitioner in person.
Mr. U.L. Watwani, APP for the State.
Respondent no. 2 in person.
Crl.
M.A. No. /2011 (To be numbered)
Delay in re-filing is condoned.
Application is disposed of.
+ Crl. M.C. No.1751/2011
Petitioner and respondent no. 2 are husband and wife respectively. Both the parties were married about 28 years ago.
They have grown up children. Disputes between husband and wife had led to registration of present FIR under Sections 498-
A/406 IPG against the petitioner at Police Station Mayapuri on the complaint of respondent no.2. Petitioner had filed a divorce petition which was dismissed for non-prosecution sometime in
July, 2001. Respondent no. 2 had also filed a petition under
Section 125 of the Code of Criminal Procedure which has also been dismissed in default sometime in the month of August,
JUDGMENT
2007. Now, with the intervention of common friends and family members husband and wife have ironed out their differences and started living together since last two months. Terms of settlement have been recorded in Compromise Deed dated 23rd 2011:DHC:12371 April, 2011. Both the parties shall remain bound by the terms of settlement. Respondent no.2, who is present in Court, states that presently she is living in her matrimonial home with her husband happily. She has no objection in case the FIR is quashed. Keeping in mind that husband and wife have resolved their differences and have started living together, no fruitful purpose p- would be served in keeping them entangled in present criminal proceedings. Accordingly, in the larger interest, FIR No. 60/1999 under Sections 406/498-A IPG registered at Police Station Mayapuri and consequent proceedings arising out therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J. May 26, 2011 ga