Harish v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 107/2018 HARISH ..... Petitioner Through Mr. Ankur Sood and Ms. Romila Mandal, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR.... Respondents Through Mr.

Izhar Ahmad, APP with SI Suman, P.S. Vijay Vihar Mr.

Aashish Kumar, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.09.2018 Respondent no.2-Ms. Meenu is present in Court along with her counsel and has been identified by SI Suman of police station Vijay Vihar. Respondent no.2 submits that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre, Rohini District Courts, Delhi on 2nd August, 2016. 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 11th July, 2017 passed by the Family Courts, North - West District, Rohini Courts, Delhi. Petitioner no. 1 has paid `25,000/- to the respondent no. 2. Respondent no. 2 says that entire settled amount of

`1,00,000/- stands paid to her with this payment. On the last date of hearing, `5,000/- was imposed as costs on the petitioner no. 1. Petitioner no. 1 submits that he is a poor person, therefore, he could not arrange this amount and is not in a position to pay the same to respondent no. 2.

Respondent no. 2 further submits that she has no objection in case cost of `5,000/- is waived keeping in view of the financial condition of the petitioners. Respondent no. 2 further says that she has no objection in case FIR no.349/2015 under Sections 498-A/406/34 IPC registered at Police Station Vijay Vihar and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5.

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. Dasti. A.K. PATHAK, J.

SEPTEMBER 27, 2018 r.bararia