Amit Khurana & ORS v. State & ANR
$~47 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2154/2018 AMIT KHURANA & ORS ..... Petitioners Through:
Mr. Harish Malik, Adv.
versus STATE & ANR ..... Respondents Through:
Ms. Kusum Dhalla, APP with SI Amit Pratap Singh, P.S. Lajpat Nagar.
Mr. Shashi Shankar, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 25.04.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is also present along with her counsel, who accepts notice. She has been identified by SI Amit Pratap Singh of police station Lajpat 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 vide Memorandum of Understanding dated 4th September, 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, South East District, Saket Court, New Delih on 19th March, 2018. Petitioner no.1 has paid `5 lacs to the respondent no. 2 today in Court vide
four demand drafts, photocopies whereof have been placed on record. Respondent no.2 submits that with this payment entire settled amount of `30 lacs stands paid and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent and respondent no.2 has no objection in quashing of the FIR, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending.
Accordingly, in the interest of justice, FIR No. 212/2008 under Sections 498A/406/34 IPC registered at police station Lajpat Nagar 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 25, 2018 ga