Rakesh Kumar & ORS. v. Govt. Of NCT Of Delhi & ANR
$~34 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 1373/2019 RAKESH KUMAR & ORS.
..... Petitioners Through:
Ms. Meena Jha, Adv. with petitioner no.1 in person.
versus GOVT. OF NCT OF DELHI & ANR ..... Respondents Through:
Mr. Amit Chadha, APP for State with SI Prabhakaran, P.S. Dabri.
Mr. Shashank A Singh, 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. Sangeeta W/o Rakesh Kumar is present in Court along with her counsel, who accepts notice.
She has been identified by SI Prabhakaran of police station Dabri.
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, West District, Tis Hazari Court, Delhi on 12.07.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce dated 24.12.2018 by mutual consent passed by the Family Court, South West District, Dwarka, New
Delhi. Petitioner no. 1 has paid `50,000/- 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 `2,50,000/- stands paid and she has no objection in case FIR No. 366/2016 under Sections 498-A/406/34 IPC registered at police station Dabri and the consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relative, that is, petitioner nos. 2 to 6. Affidavit of respondent no. 2 is also on record to this effect.
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 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