Rajiv v. Govt. Of NCT & ANR
$~49 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4568/2018 and Crl. M.A. no. 31678/2018 RAJIV ..... Petitioner Through Mr.
Suraj Pal Singh, Adv.
with petitioner in person
Versus
GOVT. OF NCT & ANR ..... Respondents Through Ms. Aashaa Tiwari, APP with SI Pankaj, P.S. Pul Prahlad Pur Mr. D.K. Pandey and Mr. Deependra Kumar, Advs. with respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 10.09.2018 Notice.
Learned APP accepts notice for respondent no. 1.
Respondent no.2-Ms. Shikha is present in Court along with her counsel and accepts notice. She has been identified by SI Pankaj of police station Pul Prahlad Pur.
Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated
17th February, 2017 passed by the Family Courts, South-East District, Saket Courts, New Delhi. Petitioner no. 1 has paid `1,60,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `6,75,000/- stands paid with this payment and she has no objection in case FIR no.63/2011 under Sections 498-A/406 IPC registered at Police Station Pul Prahlad Pur is quashed against the petitioner.
Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR and 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.
SEPTEMBER 10, 2018 r.bararia