Pawan Sharma & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 648/2019 PAWAN SHARMA & ORS ..... Petitioners Through Mr. Punit Vinay, Adv.

versus THE STATE(GOVT OF NCT OF DELHI) & ANR.. Respondents Through Mr. Mukesh Kumar, APP with SI Jyoti Yadav, P.S. Binda Pur Mr.

Rohit Mehta, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.02.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Babita Sharma is present in Court along with her counsel and accepts notice. She has been identified by SI Jyoti Yadav of police station Binda Pur.

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 Mediation Centre, Dwarka Courts, New Delhi on 12th 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 13th December, 2018 passed by the Family Courts, SouthWest District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid `40,000/- in cash to respondent no. 2 in Court today. Respondent no. 2 says that entire settled amount of `1,00,000/- stands paid with this payment and she has no objection in case FIR no. 656/2018 under Sections 498-A/406/34 IPC registered at Police Station Binda Pur and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no. 2 to this effect is 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.

Dasti.

A.K. PATHAK, J.

FEBRUARY 06, 2019 r.bararia