Gaurav Saxena & ORS v. State (NCT Of Delhi)& ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1236/2018 GAURAV SAXENA & ORS ..... Petitioners Through Mr. Paritosh Anil, Adv for P-1 Mr. Rohms D. Ahlawat, Adv for P-2 versus STATE (NCT OF DELHI)& ANR ..... Respondents Through Dr. M.P. Singh, APP for State.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.04.2018 Crl. M.A..../2018 (exemption) (to be numbered) Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 1236/2018 By this petition under Section 482 Cr.P.C., petitioner has prayed for quashing of FIR No. 129/2013 under Sections 498A/328/506/323/34 IPC registered at police station Pul Prahladpur, on the complaint of respondent no.2.

Respondent no.2 Ms. Vijaya Saxena is present in Court along with her counsel and has been identified by ASI Hari Singh of police station Pul Prahladpur. She 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 before the Counselling Cell, South-East District, Saket Courts, Delhi on 15th

September, 2017. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 9th January, 2018 passed by the Family Court, South-East District, Saket Courts, Delhi. Petitioner no.1 has paid `4 lacs to the respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire settled amount, that is, `12 lacs stands paid and she has no objection in case aforesaid FIR is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3.

Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J APRIL 06, 2018 sm