Pawan Kumar & ORS v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 427/2019 PAWAN KUMAR & ORS ..... Petitioners Through:

Mr.

M.K.

Duggal, Adv.

with petitioners in person.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Raghuvinder Varma, APP for State with ASI Pardeep, P.S.

Mukherjee Nagar.

Mr.

Anoop Kr.

Reddy and Ms.

Chhaya, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.01.2019 Respondent no.2 is present in Court and has been identified by ASI Pardeep of police station Mukherjee Nagar. She submits that she has settled the matter with her husband, that is, petitioner no.1 of her own free will and without any undue force, pressure or coercion vide Compromise Deed dated 07.08.2018. Her marriage with petitioner no.1 has also been dissolved by a decree of divorce by mutual consent dated 22.10.18 passed by the Family Court, North District, Rohini Court, Delhi.

In terms of the settlement, petitioner has handed over an FDR of `7.5 lacs drawn in favour of minor child, namely, Aakriti. Respondent no. 2 submits that she has already

received `5 lacs from the petitioner no.1 and only FDR of `7.5 lacs was to be handed over in terms of the settlement, which she has received from the petitioner no.1 today in Court. She says that she has no objection in case FIR No. 504/2016 under Sections 498A/406/34 IPC registered at police station Mukherjee Nagar and the consequent proceedings are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 9. Keeping in mind that husband (petitioner no.1) and wife (respondent no.2) have decided to part their ways voluntarily, inasmuch as, obtained a decree of divorce by way of mutual consent and that respondent no.2 has no objection in quashing of FIR, 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 28, 2019 ga