Vishal Sharma & ANR. v. State & ANR.

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1346/2019 VISHAL SHARMA & ANR.

..... Petitioners Through:

Mr.

Sanjeet Kumar, Adv.

with petitioner no.1 in person.

versus STATE & ANR.

..... Respondents Through:

Ms. Aashaa Tiwari, APP for State with SI Yogender Kumar, P.S. Burari.

Ms. Anubha Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.03.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Kajal Sharma D/o Ashok Sharma is present in Court along with her counsel, who accepts notice. She has been identified by SI Yogender Kumar of police station Burari.

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 Counselling Cell, Family Court, Tis Hazari Court, Delhi on 25.10.2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce dated 03.08.2018 by mutual consent passed by the Family Courts, Central District, Tis Hazari Court, Delhi. Petitioner

no. 1 has paid `60,000/- to the respondent no. 2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment entire settled amount of `2,00,000/- stands paid and she has no objection in case FIR No. 534/2016 under Sections 498A/406/34 IPC registered at Police Station Burari and the consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relative, that is, petitioner nos. 2 and 3. Keeping in mind the fact that husband (petitioner no.1) and wife (respondent no. 2) have decided to part their ways, inasmuch as, obtained decree of divorce by mutual consent, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and 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.

MARCH 13, 2019 ga