High Court of DelhiCRL.M.C./423/2017

Rajan Bhasin & ORS. v. The State (Govt. Of NCT Of Delhi) & ANR.

2017-07-10Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 423/2017 & Crl. M.A. no. 1884/2017 RAJAN BHASIN & ORS.

..... Petitioners Through : Mr. P.S. Rana, Adv.

versus THE STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through :Mr. G.M. Farooqui, APP with ASI Surinder Dutt, P.S. Hari Nagar for respondent no. 1 Mr.

Gulshan Kumar, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.07.2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably, inasmuch as terms of the settlement have been virtually complied with except that `3,00,000/- has to be paid today; therefore, FIR No. 303/2012 under Sections 498-A/406/34 IPC registered at Police Station Hari Nagar, on the complaint of respondent no. 2, may be quashed.

Agreement/Compromise Deed dated 19th September, 2015 has been placed on record. Marriage between the parties has already been dissolved by a decree of divorce by mutual consent on 1st July, 2016 by the Family

Court, Dwarka, New Delhi. Petitioner nos. 2 to 4 are relatives of petitioner no. 1. Respondent no. 2 is present in Court along with her counsel and has been identified by ASI Surinder Dutt, P.S. Hari Nagar. Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will and without any undue force, coercion and pressure. Respondent no. 2 submits that she has already received `15,00,000/- from the petitioner no. 1. Petitioner no. 1 has paid balance settled amount of `3,00,000/- to the respondent no. 2 in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that she is not willing to pursue the FIR any further and the same may be quashed. Keeping in mind the facts and circumstances as stated above and more particularly the fact that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, FIR No.

303/2012 under Sections 498-A/406/34 IPC registered at Police Station Hari Nagar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JULY 10, 2017/rb