Rohit v. State & ANR

$~29 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 709/2019 and Crl. M.A. no. 2928/2019 ROHIT & ORS.

..... Petitioners Through Mr. Jagdev Singh Gulliya, Adv.

versus STATE & ANR ..... Respondents Through Ms. Aasha Tiwari, APP with ASI Tej Ram, P.S. Najafgarh Mr. Sujata Kumar Ray, Adv. with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.02.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Rupa is present in Court along with her counsel and accepts notice. She has been identified by ASI Tej Ram of police station Najafgarh.

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 27th September, 2016. 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 29th November, 2017 passed by the Family Courts, SouthWest District, Dwarka, New Delhi. Respondent no. 2 says that she has received entire settled amount of `4,50,000/- and she has no objection in case FIR no. 1216/2014 under Sections 498-A/406/34 IPC registered at Police Station Najafgarh and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4. 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. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

FEBRUARY 08, 2019 r.bararia