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High Court of DelhiCRL.M.C./453/2018

Jitender Kumar & ORS v. State (NCT Of Delhi) & ORS

2018-01-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 453/2018 & Crl. MA no. 1728/2018 JITENDER KUMAR & ORS.

..... Petitioners Through Mr. D.K. Sharma, Adv.

versus STATE (NCT OF DELHI) & ORS.

..... Respondents Through Mr.

M.P.

Singh, APP with SI Sandeep Kumar, P.S. Palam Village for respondent nos. 1 and 2 Respondent no. 3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.01.2018 Respondent no. 3 Ms. Meenakshi is present in Court and has been identified by SI Sandeep Kumar of police station Palam Village.

Respondent no. 3 submits that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion. Respondent no. 3 says that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent on 11th August, 2017 passed by the Family Courts, South West District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid `1.50 lacs to the respondent no. 3 vide a demand draft, photocopy whereof has been placed on record. Respondent

no. 3 submits that entire settled amount stands paid with this payment. Respondent no. 3 further submits that she has no objection in case FIR is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no. 3 is also on record, wherein she has stated that she has no objection in case FIR is quashed. Keeping in view the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 3 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No.37/2013 under Sections 498-A/406/34 IPC registered at Police Station Palam Village and the 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.

JANUARY 30, 2018 r.bararia