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High Court of DelhiCRL.M.C./178/2019

Kirat Singh v. State & ORS.

2019-01-15Hon'Ble Mr. Justice A.K. Pathak2 pages

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 178/2019 KIRAT SINGH ..... Petitioner Through Dr. K.P.S. Dalal, Advocate.

versus STATE & ORS.

..... Respondents Through Ms. Manjeet Arya, APP for State.

SI Omveer Singh, P.S. Nand Nagri.

Mr. S.S. Raghav and Mr. Mitabh Gosain, Advocates for respondent no.

3.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.01.2019 Notice. Learned APP accepts notice for respondent nos. 1 and 2. Respondent no. 3, namely, Ms. Kiran is present in Court with her counsel and has been identified by SI Omveer Singh of Police Station Nand Nagri. Respondent no. 3 accepts notice. Learned APP submits that relatives of the petitioner Mr. Munshi Lal, Smt. Ram Murti Devi, Mr. Balvir Singh and Ms. Sarojini are also accused in this case.

On the oral prayer made by learned counsel for the petitioner, Mr. Munshi Lal, Smt. Ram Murti Devi, Mr. Balvir Singh and Ms. Sarojini are impleaded as respondent nos. 4 to 7.

Respondent no. 3 states that she has settled the matter of her own free will and without any undue force, pressure or coercion before the Counselling Cell of Ld. Principle Judge, Family Court, Karkardooma Courts, Shahdara, Delhi on 12.04.2018. Marriage of petitioner and respondent no. 3 has already been dissolved by a decree of divorce by

mutual consent on 26.10.2018 passed by the Family Court, Shahdara, Karkardooma Courts, Delhi. Petitioner has paid Rs.2,00,000/- to respondent no. 2 by way of demand draft, photocopy thereof has already been placed on record. Respondent no. 3 states that she has no objection if the case FIR No. 796/2016 under Sections 498A/406/34 IPC registered at Police Station Nand Nagri and consequent proceedings against the petitioner are quashed. Keeping in mind the settlement arrived at between the parties and the fact that the marriage between the petitioner and respondent no. 3 has already been dissolved by a decree of divorce by mutual consent, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Amended memo of parties is taken on record.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J JANUARY 15, 2019 rs