Kamal Taneja & ORS v. State & ANR

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 761/2018 KAMAL TANEJA & ORS ..... Petitioners Through:

Ms. Rashmi and Mr. Pradeep, Advs.

versus STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Bansi Lal, P.S. Mehrauli.

Respondent no.2 is present in Court along with her counsel (appearance not given).

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.04.2018 Cost, imposed vide order dated 23rd March, 2018, has been paid by the petitioners to the respondent no.2 today in Court. 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. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 10th August, 2017 passed by the Family Court, South District, Saket Court, New Delhi. Petitioner no.1 has paid `80,000/- to the respondent no.2 today in Court vide a demand draft no. 258690 dated 3rd April, 2018 drawn on UCO Bank, Uttam Nagar Branch and `20,000/- through a cheque no. 000014 dated 5th April, 2018 drawn on UCO Bank, Uttam Nagar Branch. Respondent no.2 submits that with these

payments entire settled amount of `3.75 lacs stands paid and she has no objection in case FIR No. 389/2013 under Sections 498A/406/34 IPC registered at police station Mehrauli is quashed, subject to encashment of aforementioned cheque of `20,000/-.

Keeping in mind the facts and circumstances as detailed above, I am of the view that no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to encashment of aforementioned cheque of `20,000/-. Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

APRIL 05, 2018 ga