Abhishek Prabhat v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 998/2019 ABHISHEK PRABHAT ..... Petitioner Through:

Ms. Veena Ralli and Mr. Atul Verma, Adv. along with petitioner in person.

versus THE STATE & ANR ..... Respondent Through:

Ms. Aashaa Tiwari, APP for State with SI Hemant, P.S. Vasant Kunj North.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.02.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Hena Shah is present in Court and has been identified by SI Hemant of police station Vasant Kunj North.

Respondent no.2 submits that she has settled the matter with petitioner of her own free will and without any undue force, pressure or coercion before the Counselling Cell, Family Court, Patiala House Court, New Delhi on 31.08.2018. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 17.11.2018 passed by the Family Court, Patiala House Court, New Delhi. Petitioner has paid `6 lacs 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 `12 lacs stands paid and she has no objection in case FIR No.81/2017 under Sections 498A/406/323 IPC registered at police station Vasant Kunj North and the consequent proceedings are quashed.

Affidavit of respondent no. 2 to this effect is already on record.

Keeping in mind the settlement arrived at between petitioner 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 22, 2019 ga