Raju & ORS v. State & ORS

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1300/2019 RAJU & ORS ..... Petitioners Through:

Mr. N.K. Mishra and Ms. Alka, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr. Mukesh Kumar, APP for State with SI Sandeep Dabas, P.S. Khyala.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.03.2019 Respondent no.2 is present in Court and has been identified by SI Sandeep Dabas of police station Khyala.

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, Tis Hazari Court, Delhi on 07.09.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 16.11.2018 passed by the Family Court, Central District, Tis Hazari Court, Delhi. Petitioner no.1 has paid `1.15 lacs to respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire settled amount of `3.50 lacs stands paid and she has no objection in case FIR No. 326/2013 under Sections 498-A/323/34

IPC registered at police station Khyala is quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3, subject to encashment of demand draft of `1.15 lacs. Respondent no.2 to this effect is also on record. 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, subject to encashment of aforesaid demand draft. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MARCH 11, 2019 ga