Anil Kumar & ORS v. State & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1524/2018 ANIL KUMAR & ORS ..... Petitioners Through:

Mr. Shashi Bhushan Jha, Adv.

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

Dr. M.P. Singh, APP for State with ASI Rajender Singh, P.S. Alipur.

Mr. Bibhuti Kumar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.03.2018 Crl. M.A. 5532/2018 Allowed, subject to all just exceptions.

Application is disposed of.

Crl. M.C. 1524/2018 Notice. Learned APP accepts notice for responded no.1. Respondent no.2-Shweta @ Pooja is also present in court along with her counsel, who accepts notice. Respondent no.2 has been identified by ASI Rajender Singh of police station Alipur. She submits that she has settled the matter with the petitioner no.1 before the Delhi Mediation Cetnre, Rohini Court, Delhi on 22nd November, 2016 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 passed by the Family Court, North West District, Rohini Court, New Delhi on 26th October, 2017. She also admits having received the entire settled amount of `1.30 lacs from the petitioner and she has no objection in case FIR No. 1220/2014 under Sections 498A/406/34 IPC registered at police station Alipur is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no.2 is on record at pages 20 to 22.

Keeping in mind the settlement arrived at between the petitioner 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.

MARCH 23, 2018 ga