High Court of DelhiW.P.(CRL)/256/2017

Gaurav Mukhija & ORS. v. State (NCT) Of Delhi & ANR.

2017-03-03Hon'Ble Mr. Justice A.K. Pathak2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 256/2017 & Crl. M.A. No. 1558/2017 (exemption) GAURAV MUKHIJA & ORS.

..... Petitioners Through :Mr. Vikas Nagwan, Mr. Yogesh Aggarwal and Dr. Suneel Maggo, Advs.

versus STATE (NCT) OF DELHI & ANR.

..... Respondents Through :Mr. Rajesh Mahajan, ASC with SI Gajendra Singh, CWC Nanakpura for respondent no. 1 Mr.

Sandeep Gupta, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.03.2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably, therefore, FIR No. 45/2011 under Sections 498A/406/34 IPC registered at Crime (Women) Cell be quashed. Respondent no. 2 is present in Court and has been identified by SI Gajendra Singh, CWC Nanakpura.

She admits having settled the matter with petitioner no. 1. Petitioner nos. 2 to 5 are relatives of petitioner no. 1. She further admits that their marriage has already been dissolved by a decree of divorce by mutual

consent on 14th May, 2016 passed by the Principal Judge, Family Courts, South-East District, Saket Courts, Delhi. Respondent no. 2 submits that she has already received `7 lacs out of the total settled amount of `10 lacs. Balance settled amount of `3 lacs has been paid by the petitioner no. 1 to the respondent no. 2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 further submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, coercion and pressure and she has no objection in case FIR is quashed.

Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No. 45/2011 under Sections 498A/406/34 IPC registered at Crime (Women) Cell and the 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.

MARCH 03, 2017/rb