Richa & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1954/2018, CRL MA 6937/2018 RICHA & ORS ..... Petitioners Through Mr. Rajeev Garg, Adv versus STATE & ORS ..... Respondents Through Ms. Manjeet Arya, APP for State ASI Surender Dutt, PS Hari nagar

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.04.2018 Petitioner no.1 Richa and respondent no.3 Chaman Lal were married on 11th October, 2002 but due to marital discord, they started living separately. Respondent no.2 is minor child of petitioner no.1 and respondent no.3.

The marriage between petitioner no.1 and respondent no.3 has already been dissolved by a decree of divorce passed by Family Court (West), Tiz Hazari Courts, Delhi on 08.11.2017. Petitioner nos. 2 and 3 are relatives of petitioner no.1. Respondent no.2 lodged an FIR 781/2015 under section 23 of Juvenile Justice (Care and Protection of Children) Act 2000 against the petitioners alleging maltreatment of respondent no. 2 by the petitioners. Respondent no.2 is presently in the custody of respondent

no.3 (father). It is submitted that matter has been settled before the Counseling Cell of Family Court on 20th September, 2017. Respondent no.3 is present in the court today and has been identified by ASI Surender Dutt of police station Hari Nagar. Respondent no.3 submits that settlement has been arrived at without any undue force, pressure or coercion. He says that he and respondent no.2 have no objection in case aforesaid FIR and consequent proceedings emanating therefrom, are quashed qua the petitioners. Respondent no.3 has settled the matter for himself and also on behalf of his minor child, that is, respondent no.2. Keeping in view the settlement arrived at between the petitioners and respondents, voluntarily, in my view no fruitful purpose would be served to keep 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 17, 2018 sm