Raj Kumar @ Chhote Lal Gupta v. The State & ANR

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 149/2019 & Crl. MA No. 677/2019 RAJ KUMAR @ CHHOTE LAL GUPTA ..... Petitioner Through Mr. Dilip Kumar Mishra and Mr.

Barun Kumar, Advocates.

versus THE STATE & ANR ..... Respondents Through Mr. Mukesh Kumar, APP for State.

ASI Birender Singh, P.S. Chhawala (South West).

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.01.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no. 2, namely, Smt. Sangeeta is present in Court and has been identified by ASI Birender Singh of Police Station Chhawala (South West). Respondent no. 2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion at Mediation Centre, Dwarka Courts, Delhi on 05.03.2018. Marriage of petitioner and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 03.11.2018 passed by the Family Court, South West District, Dwarka Courts, New Delhi. Petitioner has paid Rs.75,000/- to respondent no. 2 by way of demand drat, photocopy thereof has already been placed on record. Respondent no. 2 states that she has no objection if the case FIR No.455/2017 under Sections 498A/406/34 IPC registered at Police Station Chhawala (South West) 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. 2 has already been dissolved by a decree of divorce by mutual consent, no fruitful purpose would be served to keep the criminal proceedings pending. According, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

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