Mukesh & ORS. v. State & ANR.

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 212/2019 & CRL.M.A. 899/2019 (for exemptions) MUKESH & ORS.

..... Petitioners Through Ms. Nimmi Sharma, Advocate versus STATE & ANR.

..... Respondents Through Ms. Manjeet Arya, APP for State with W/SI Pinki, P.S.: Chhawla Mr. Umesh Kumar, Advocate for Respondent no.2 alongwith Respondent no.2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.01.2019 Respondent no. 2-Ms. Usha Devi is present in Court and has been identified by W/SI Pinki of police station Chhawla. She submits that she has settled the matter with petitioner no.1 without any undue force, pressure or coercion on 16.01.2018.

Respondent no.2 says that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 28.09.2018 passed by Family Court, South-West District, Dwarka Courts, Delhi on 28th September, 2018. Petitioner no.1 has paid ` 1,00,000/- to respondent no. 2 vide demand draft, photocopy whereof has

been placed on record.

Respondent no.2 says that with this payment entire settled amount, that is, ` 3,00,000/- stands paid and she has no objection in case FIR No. 513/2015 under Sections 498-A/406/34 IPC registered at police station Chhawla is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 is on record to this effect.

Keeping in mind the settlement arrived at between petitioner no.1 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 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 JANUARY 17, 2019 savita