Gauri Shankar & ORS. v. Mamta & ANR.

$~32 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1100/2019 GAURI SHANKAR & ORS.

..... Petitioners Through:

Mr. S. Qamar, Adv.

versus MAMTA & ANR.

..... Respondents Through:

Ms. Reena Luka, Adv. for R-1 with R-1 in person.

Ms. Aashaa Tiwari, APP for State/ R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.02.2019 Respondent no.1-Smt. Mamta is present in Court along with her counsel. She submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion vide Memorandum of Understanding dated 05.12.2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 11.01.2018 passed by the Family Court, South District, Saket Court, New Delhi. Petitioner no.1 has paid `85,000/- to respondent no.1 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no.1 states that with this payment entire settled amount, that is, `3.25 lacs stands paid and she has no objection in case FIR No. 945/2015 under Sections 498A/406/34 IPC registered at police station

Ambedkar Nagar and the consequent proceedings 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 already on record. Keeping in mind the settlement arrived at between petitioner no.1 and respondent no. 1 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 26, 2019 ga