Sudhir Kumar & ORS v. The Stae (Govt.Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 469/2018 SUDHIR KUMAR & ORS ..... Petitioners Through:

Mr. Puneet Sheoran, Adv.

with petitioner no.1 in person.

versus THE STAE (GOVT.OF NCT OF DELHI) & ANR..... Respondents Through:

Dr. M.P. Singh, APP with SI Kapil Kumar, P.S. Mansarovar Park.

Mr. Roopenshu Pratap Singh, Adv.

for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.01.2018 Ms. Neha Jaijaniya-respondent no. 2 is present in Court along with her counsel and has been identified by SI Kapil Kumar of police station Mansarovar Park.

Respondent no.2 states that she has settled the matter with the petitioner no.1 vide Memorandum of Understanding dated 28th September, 2017 of her own free will and without any undue force, pressure or coercion. First motion has already been accepted by the Family Court. Respondent no.2 states that she has already received `2 lacs from the petitioner no.1 and a sum of `1.50 lacs has been paid to her in Court today vide a demand draft, photocopy whereof has been placed on record. Petitioner no.1, who is present in Court, states that he will cooperate

respondent no.2 at the time of second motion and pay balance settled amount of `1.50 lacs to her. Respondent no.2 further states that she has no objection in case the FIR No. 39/2016 under Sections 498A/406/34 IPC registered at police station Mansarovar Park is quashed against petitioner no.1 and his relatives, that is petitioner nos. 2 to 5, subject to petitioner no.1 cooperating her at the time of second motion and paying balance settled amount of `1.50 lacs.

Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to petitioner no.1 cooperating respondent no.2 at the time of second motion and paying her balance settled amount of `1.50 lacs. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

JANUARY 31, 2018 ga