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High Court of DelhiCRL.M.C./1401/2019

Arvind Jain &ORS v. The State ( NCT Of Delhi )& ANR

2019-03-14Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1401/2019 and Crl. M.A. no. 5561/2019 ARVIND JAIN &ORS ..... Petitioners Through Mr.

Vishwa Ranjan Kumar, with petitioners in person versus THE STATE ( NCT OF DELHI )& ANR ..... Respondents Through Mr. Raghuvinder Verma, APP with ASI Data Ram, P.S. Seelampur Mr. Rajesh Jain and Mr. J.K. Jain, Adv. with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.03.2019 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Neelu Jain is present in Court along with her counsel and accepts notice.

She has been identified by ASI Data Ram of police station Seelampur.

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.

Respondent no. 2 further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual

consent dated 18th August, 2018 passed by the Family Courts, North-East District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `1,50,000/- to the respondent no. 2. Respondent no. 2 says that entire settled amount of `4,00,000/- stands paid with this payment and she has no objection in case FIR no. 503/2015 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Seelampur and consequent proceedings emanating therefrom are quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 to this effect is on record. Keeping in mind the settlement arrived at between the petitioners 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 14, 2019 r.bararia