Jaspal & ORS v. State & ANR

$~21 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2043/2018 JASPAL & ORS ..... Petitioners Through Mr. Y.R. Sharma, Adv.

versus STATE & ANR ..... Respondents Through Mr. Izhar Ahmad, APP with ASI Ram Lal, P.S. Tilak Nagar Mr. Prince Sharma and Mr. Vinay Kumar Sharma, Advs.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.08.2018 Respondent no. 2 Aman Preet Kaur is present in Court along with her counsel and has been identified by ASI Ram Lal of police station Tilak Nagar. 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, Tis Hazari Courts, Delhi on 1st March, 2017. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 29th January, 2018 passed by the Family Courts, West District, Tis

Hazari Courts, Delhi. Petitioner no. 1 has paid `3,50,000/- to respondent no. 2, vide a cheque, photocopy whereof has been placed on record. Respondent no. 2 has accepted the cheque subject to its encashment. Respondent no. 2 says that she has no objection in case FIR no. 831/2016 under Sections 498A/406/377/34 IPC registered at Police Station Tilak Nagar and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4, subject to encashment of the aforesaid cheque.

Keeping in mind the settlement arrived at between the petitioners 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, subject to encashment of the aforesaid cheque. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 28, 2018 r.bararia