Mantosh Kumar & ORS. v. State & ANR.

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 523/2019 MANTOSH KUMAR & ORS.

..... Petitioners Through:

Mr. Satish Kumar and Mr. Devendra Singh Shakya, Advs.

versus STATE & ANR.

..... Respondents Through:

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

Anand Vihar.

Mr. Narendra Kumar, Adv. for R-2 along with R-2 in person.

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. Poonam is present in Court along with her counsel, who accepts notice.

She has been identified by ASI Baljeet Singh of police station Anand Vihar.

Respondent no.2 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 before the Counselling Cell, Family Court, North West, Rohini Court on 04.01.2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 22.04.2017 passed by the Family Courts, North West District, Rohini Court,

New Delhi. Petitioner no. 1 has paid `1,00,000/- to the respondent no. 2 today in Court, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `3,25,000/- stands paid with this payment and she has no objection in case FIR No. 851/2015 under Sections 498A/406/34 IPC registered at police station Aman Vihar is quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6. Affidavit of respondent no.2 is on record to this effect. Keeping in mind the settlement arrived at between petitioner no.1 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 the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JANUARY 31, 2019 ga