Avni Kathpalia v. State & Others

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 206/2019 and Crl. M.A. no. 876/2019 AVNI KATHPALIA ..... Petitioner Through Mr. Vinit Trehan, Adv.

Versus

STATE & ANR.

..... Respondents Through Mr. Raghuvinder Verma, APP with SI Suresh Kumar, P.S.

Safdarjung Enclave Mr.

Aditya Trehan, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.01.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Kusum Mandal is present in Court along with her counsel and accepts notice. She has been identified by SI Suresh Kumar of police station Safdarjung Enclave.

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, vide a Memorandum of Understanding/Settlement Deed dated 9th January, 2019. Respondent no. 2 says that petitioner has paid `1,70,000/-,

vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that entire settled amount of `2,70,000/- stands paid with this payment. Respondent no. 2 further submits that she has no objection in case FIR No. 298/2018 under Sections 279/337 IPC registered at Police Station Safdarjung Enclave, which is at the investigation stage, is quashed.

Keeping in mind the settlement arrived at between the petitioner 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, which is at the investigation stage, is quashed.

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

A.K. PATHAK, J.

JANUARY 16, 2019 r.bararia