Balkar Singh & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1548/2018 BALKAR SINGH & ORS ..... Petitioners Through:

Mr. Bhupinder Singh, Adv.

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

Ms. Manjeet Arya, APP for State with SI Maya Devi, P.S. Nihal Vihar.

Mr. Ravinder Singh and Mr. Rahul Kumar, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.04.2018 Respondent no.2-Ms. Ruby is present in Court along with her counsel and has been identified by SI Maya Devi of police station Nihal Vihar. She submits that she has settled the matter with petitioner no.1 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 15th December, 2017 passed by the Family Court, West District, Tis Hazari Court, Delhi. Petitioner no.1 has paid `1 lac to the respondent no.2 today in Court through a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits with this payment entire settled amount of `2.75 lacs stands paid and she has

no objection in case FIR No. 326/2015 under Sections 498A/406/34 IPC registered at police station Nihal Vihar is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no.2 is also on record at pages 20-22.

Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, I am of the view that no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, the 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 02, 2018 ga