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High Court of DelhiCRL.M.C./1041/2019

Chetan Oberoi & ANR. v. The State (Govt. Of NCT Of Delhi ) & ANR.

2019-02-25Hon'Ble Mr. Justice A.K. Pathak2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1041/2019 CHETAN OBEROI & ANR.

..... Petitioners Through Mr. Yatender Khatri and Mr. Manoj Pant, Advs. with petitioners in person versus THE STATE (GOVT. OF NCT OF DELHI ) & ANR.... Respondents Through Ms. Manjeet Arya, APP with SI Rajiv of police station Rajouri Garden Mr.

Anshu Duggal, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.02.2019 Crl. M.A. no. 4193/2019 Delay in re-filing is condoned. Application is disposed of. Crl. M.A. no. 4192/2019 (exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 1041/2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Shakshi is present in Court along with her counsel and accepts notice. She has been identified by SI Rajiv of police station Rajouri Garden.

Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Mediation Centre, Tis Hazari Courts, Delhi on 29th March, 2017.

Respondent no. 2 further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 17th September, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.

Respondent no. 2 says that she has received the entire settled amount of `30,00,000/- and she has no objection in case FIR no. 372/2014 under Sections 498-A/406/34 IPC registered at Police Station Rajouri Garden and consequent proceedings emanating therefrom are quashed against petitioners.

Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

FEBRUARY 25, 2019/r.bararia