High Court of DelhiCRL.M.C./469/2019

Manas Barua & ORS. v. State

2019-02-04Hon'Ble Mr. Justice A.K. Pathak2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 469/2019 and Crl. M.A. no. 2041/2019 MANAS BARUA & ORS.

..... Petitioners Through Mr. R.R. Kumar, Adv.

versus STATE AND ANR.

..... Respondents Through Ms.

Manjeet Arya APP with SI Avinash Kumar, P.S. CR Park Mr.

Shadaab Anwar, Mr.

Zartab Anwar and Mr. Nishant Singh, Advs.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.02.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Neetu Barua is present in Court along with her counsel and accepts notice. She has been identified by SI Avinash Kumar of police station Chitranjan Park (South East).

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 Counselling Cell, Family Courts, Saket, New Delhi on 11th October, 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 14th December, 2018 passed by the Family Courts, South - East District, Saket, New Delhi.

Petitioner no. 1 has paid `13,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `25,00,000/- stands paid with this payment and she has no objection in case FIR no. 307/2016 under Sections 498-A/406 IPC registered at Police Station Chitranjan Park (South East) and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. 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 04, 2019 r.bararia