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High Court of DelhiCRL.M.C./592/2019

Parikshit Kumar & ANR v. State Of NCT & ANR

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

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 592/2019 and Crl. M.A. no. 2461/2019 PARIKSHIT KUMAR & ANR ..... Petitioners Through Mr. Rama Nand, Adv.

versus STATE OF NCT & ANR ..... Respondents Through Mr.

Amit Chadha, APP with SI Ramesh Kumar, P.S. Sultan Puri 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. Kalpana is present in Court and accepts notice. She has been identified by SI Ramesh Kumar of police station Sultan Puri. 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 Delhi Mediation Centre, Rohini District Courts, Delhi on 7th August, 2015. 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 20th December, 2016 passed by the Family Courts, North-West District, Family Courts, Rohini, Delhi. Petitioner no. 1 has paid

`1,50,000/- 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 `4,00,000/- stands paid with this payment and she has no objection in case FIR no. 285/2015 under Sections 498-A/406/34 IPC registered at Police Station Sultan Puri and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relative, that is, petitioner no. 2. 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