Satish Kumar & ORS. v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 951/2019 SATISH KUMAR & ORS.

..... Petitioners Through:

Mr.

R.K.

Sheoran, Adv.

with petitioner no.1 in person.

versus STATE & ANR ..... Respondents Through:

Mr. Raghuvinder Varma, APP for State with ASI Laxmi, CAW Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.02.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Babita is present in Court and has been identified by ASI Laxmi of police station Crime (Women) Cell.

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, Saket Courts, Delhi on 30.05.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 12.11.2018 passed by the Family Court, South District, Saket Court, New Delhi. Petitioner no.1 has paid `60,000/- to respondent no.2 today in Court by a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that

with this payment entire settled amount of `1.96 lacs stands paid and she has no objection in case FIR No. 121/2014 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell and the consequent proceedings are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3.

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, aforesaid FIR and the 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 20, 2019 ga