Mukesh Maheshwari & ORS v. The State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1827/2018 MUKESH MAHESHWARI & ORS ..... Petitioners Through:

Mr. Vinod Prakash Sharma, Adv.

with petitioner no.1.

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

Ms. Manjeet Arya, APP for State with SI Harender Kumar, P.S. Timar Pur.

Mr.

Siddharth and Mr.

Vineet Aggarwal, Advs. 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 Harender Kumar of police station Timarpur.

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 27th November, 2017. 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, Central District, Tis Hazari Courts, Delhi on 26th

February, 2018.

Petitioner no.1 has paid `10 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 entire settled amount, that is, `30 lacs stands paid with this payment and she has no objection in quashing of FIR No. 290/2016 under Sections 498A/406/34 IPC at police station Timarpur against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no.2 to this effect is also on record at pages 21-23. 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