Saurabh Tyagi & ORS v. The State Govt Of NCT Of Delhi & ANR

$~27 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1615/2018 SAURABH TYAGI & ORS ..... Petitioners Through:

Mr.

Rajeev Tyagi, Mr.

Shambhu Sharan Shukla and Mr.

Rajesh Pandey, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through:

Mr. Amit Chadha, APP with SI Ved Prakash, P.S. S.B. Dairy.

Mr. Sanjay Soti, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.05.2018 Notice could not be issued to the respondent no.2 as process fee was not filed.

However, respondent no.2-Swati Tyagi is present in Court along with her counsel who accepts notice. She has been identified by SI Ved Prakash of police station Shahbad Dairy.

Respondent no.2 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 Delhi Mediation Centre, Rohini Court, New Delhi on 6th March, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 7th December, 2017 by the

Family Court, North District, Rohini, Delhi. Petitioner no.1 has paid `7.5 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 of `27.5 lacs stands paid and she has no objection in case FIR No. 736/2016 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act,1961registered at police station Shahbad Dairy and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 4. 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.

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.

MAY 11, 2018 ga