Naresh Kumar & ORS. v. State (NCT Of Delhi) & ANR.

$~60 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1684/2018 NARESH KUMAR & ORS.

..... Petitioners Through:

Mr. Atul Kumar and Mr. G.S. Nagar, Advs.

versus STATE (NCT OF DELHI) & ANR.

..... Respondents Through:

Ms. Kusum Dhalla, APP for State with ASI Hawa Singh, P.S. Nihal Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.04.2018 Respondent no.2-Poonam is present in Court and has been identified by ASI Hawa Singh of police station Nihal Vihar. She submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 15th January, 2018 passed by the Family Court, West District, Tis Hazari Court, Delhi. Petitioner has paid `50,000/- 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 of `2.50 lacs stands paid and she has no objection in case FIR No. 1195/2015 under

Sections 498A/406/34 IPC registered at police station Nihal Vihar and the consequent proceedings emanating therefrom are quashed. Keeping in mind that both husband (petitioner) and wife (respondent no.2) have decided to part their ways and have, in fact, obtained decree of divorce by mutual consent, 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. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

APRIL 06, 2018 ga