Nitin Kapur & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 522/2019 and Crl. M.A. no. 2204/2019 NITIN KAPUR & ORS ..... Petitioners Through Mr. V.K. Chopra, Adv.

versus THE STATE & ANR ..... Respondents Through Ms. Manjeet Arya, APP with SI Mohender, P.S. Punjabi Bagh Mr. K.K. Malhotra and Mr. K.K.

Bhalla, Advs. for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.01.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Shweta is present in Court along with her counsel and accepts notice. She has been identified by SI Mohender of police station Punjabi Bagh.

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, Tis Hazari Courts, Delhi on 6th April, 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 21st May, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `1,50,000/- to respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `7,50,000/- stands paid with this payment and she has no objection in case FIR no. 486/2015 under Sections 498-A/406/34 IPC registered at Police Station Punjabi Bagh 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 is on record at pages 23-24. 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.

JANUARY 31, 2019 r.bararia