Mahesh @ Mahender v. State Govt. Of NCT Of Delhi & ANR.

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2924/2018 MAHESH @ MAHENDER ..... Petitioner Through:

Mr. Sunil Dwivedi, Adv.

versus STATE GOVT. OF NCT OF DELHI & ANR.

..... Respondents Through:

Dr. M.P. Singh, APP for State with ASI Hawa Singh, P.S. Nihal Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.05.2018 Crl. M.A. 10336/2018 Delay in re-filing is condoned.

Application is disposed of.

Crl. M.C. 2924/2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Ashu @ Hansa is present in Court and accepts notice. She has been identified by ASI Hawa Singh of police station Nihal Vihar. 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 before the Delhi Mediation Centre, Tis Hazari Court on 3rd March, 2017. Her marriage with petitioner has already been dissolved by a decree

of divorce by mutual consent dated 28th November, 2017 passed by the Family Courts, West District, Tis Hazari Court, Delhi. Respondent no. 2 says that she has received entire settled amount of `1,37,500/- and she has no objection in case FIR No. 188/2013 under Sections 498A/406 IPC registered at police station Nihal Vihar is quashed. 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 to keep the 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.

MAY 25, 2018 ga