Vishu Chawala And ORS v. The State (NCT Of Delhi) And ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 336/2019 VISHU CHAWALA AND ORS ..... Petitioners Through Mr. Udit Mishra and Mr. Mandeep Singh, Advs.
versus THE STATE (NCT OF DELHI) AND ANR ..... Respondents Through Ms. Manjeet Arya, APP with SI Somvir, P.S. Dabri Mr.
Kapil Parashar and Ms.
Khushboo Gupta, Advs.
with respondent no. 2
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 18.02.2019 Notice. Respondent no.2 Ms. Mahi @ Manisha is present in Court along with her counsel and accepts notice. She has been identified by SI Somvir of police station Dabri.
Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Principal Judge, Family Courts, West District, Tis Hazari Courts, Delhi on 28th July, 2018. 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 24th September, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `40,000/- to respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `1,00,000/- stands paid with this payment and she has no objection in case FIR no. 1139/2014 under Sections 498-A/406/34 IPC registered at Police Station Dabri and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to
5. Affidavit of respondent no. 2 to this effect is also on record. 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. Miscellaneous application is disposed of as infructuous. Dasti.
A.K. PATHAK, J.
FEBRUARY 18, 2019 r.bararia