Kamlesh Kumar & ORS v. The State Govt Of NCT Of Delhi & ANR

$~24 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 276/2018 & Crl. M.A. nos. 1064-65/2018 KAMLESH KUMAR & ORS ..... Petitioners Through Mr. Umesh Kumar Choubey, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with ASI Asmita, P.S.

Najafgarh for the respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.01.2018 Respondent no. 2 Ms. Teena @ Rani is present in Court and has been identified by ASI Asmita of Police Station Najafgarh. Respondent no. 2 submits that she has settled the matter with the 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 3rd January, 2017. Respondent no. 2 says that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent on 28th January, 2017 passed by the Family Courts, South-West District, Dwarka Courts, New Delhi.

Petitioner has paid `1,00,000/- to the respondent no. 2 towards

the balance settled amount, vide a demand draft, photocopy whereof has been placed on record.

Respondent no. 2 submits that entire settled amount of `2,50,000/- stands paid with this payment. Respondent no. 2 submits that she has no objection in case FIR may be quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, FIR No.74/2016 under Sections 498-A/406/34 IPC registered at Police Station Najafgarh 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.

JANUARY 19, 2018 r.bararia