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High Court of DelhiCRL.M.C./1821/2018

Rajiv Gupta & ORS v. State (Govt Of NCT Of Delhi) & ANR

2018-04-12Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1821/2018 RAJIV GUPTA & ORS ..... Petitioners Through:

Mr. Arun Kumar Sharma and Mr.

Anurag Saxena, Advs.

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

Mr. M.S. Oberoi, APP for State with SI Somvir Singh, P.S. Seemapuri.

Mr. Rahul Tomar, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.04.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is also present in Court along with her counsel, who accepts notice. Respondent no.2 has been identified by SI Somvir Singh of police station Seemapuri.

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, Karkardooma Courts, Delhi on 27th January, 2016. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shahdara District, Karkardooma Courts, Delhi on 7th March, 2018. She also admits having received entire settled amount

of `3.5 lacs from the petitioner no.1 and she has no objection in quashing of FIR No. 868/2013 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act, 1961 registered at police station Seema Puri against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 8. Affidavit of respondent no.2 to this effect is also on record at pages 37-38. Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no.2, in my view, no fruitful purpose would be served in keeping the present criminal proceedings pending. 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.

APRIL 12, 2018 ga