Shri Saurabh Kapoor & ORS v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 642/2019 SHRI SAURABH KAPOOR & ORS ..... Petitioners Through:
Mr. Jagdeep Anand and Mr. Varun Kapoor, Advs.
versus STATE & ANR.
..... Respondents Through:
Mr. Raghuvinder Varma, APP for State with SI Shashi Kumar, P.S.
Shalimar Bagh.
Mr. Vivek Ch. And Mr. Vikrant Yadav, Advs. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 05.02.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Teena Kapoor is present in Court along with her counsel, who accepts notice. She has been identified by SI Shashi Kumar of police station Shalimar Bagh.
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 Delhi Mediation Centre, Rohini Court, New Delhi on 01.08.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent on 07.12.2018 passed by the Family Courts, North West, Rohini Court, New Delhi.
Petitioner no. 1 has paid `80,000/- to 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 `2.40 lacs stands paid with this payment and she has no objection in case FIR No. 617/2017 under Sections 498A/406/34 IPC registered at police station Shalimar Bagh as well as proceedings in respect of NCR No. 0077/2017 dated 01.05.2017 are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 in this regard is also on record. 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, aforementioned FIR as well as NCR and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
FEBRUARY 05, 2019 ga