Arun Gupta & ORS v. State & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 491/2018 ARUN GUPTA & ORS ..... Petitioners Through:

Mr.

Virender Tarun, Adv.

with petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with SI Sunil Kumar, P.S. Najafgarh.

Ms. Chandrani Prasad and Mr. Chirag Mahalwal, Advs. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.01.2018 Respondent no.2 is present along with her counsel and has been identified by SI Sunil Kumar of police station Najafgarh. Respondnet no.2 submits that she has settled the matter with petitioner no.1 vide Memorandum of Understanding dated 19th May, 2017 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 13th November, 2017 passed by the Family Court, South West District, Dwarka, New Delhi. Petitioner no.1 has paid `1.50 lacs to the respondent no.2 vide a demand draft, photocopy whereof has been placed on record as Annexure E. Respondent no.2 submits that entire settled amount of `4.5 lacs stands paid with this payment. She has no

objection in case the FIR is quashed.

Keeping in mind that a settlement has been arrived at between the petitioner no.1 and respondent no.2 voluntarily, in the interest of justice, FIR No. 802/2015 under Sections 498A/406/34 IPC registered at police station Najafgarh 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 31, 2018 ga