Shri Himmat Singh & ORS v. State Of NCT Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1751/2018 SHRI HIMMAT SINGH & ORS ..... Petitioners Through:

Ms. Monika Partyal and Mr. Farhan Khan, Advs.

versus STATE OF NCT DELHI & ORS ..... Respondents Through:

Dr. M.P. Singh, APP for State with Insp. Kusumlata, P.S. Dwarka South.

Mr. Sunil Keshari, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.04.2018 Notice. Learned APP accepts notice. Respondent no.2 is also present along with her counsel, who accepts notice.

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 vide Memorandum of Understanding/Compromise Deed/ Understanding dated 6th March, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, East Distrit, Karkardooma Court, Delhi on 26th October, 2017. Petitioner no.1 has paid `1 lac to the respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record.

Respondent no.2 says that entire settled amount of `13 lacs stands paid with this payment and she has no objection in case FIR No. 61/2015 under Sections 498A/406/34 IPC registered at police station Dwarka South is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3.

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 present FIR pending. Accordingly, 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 10, 2018 ga