High Court of DelhiCRL.M.C./2503/2018

Harish Patpatia & ANR v. State ( Govt Of NCT)

2018-05-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2503/2018 HARISH PATPATIA ..... Petitioner Through:

Mr. Ayush Chaudhary, Adv.

versus STATE ( GOVT OF NCT) & ANR.

..... Respondents Through:

Ms. Kusum Dhalla, APP for State with SI Dharamvir Singh, CWC Nanak Pura.

Mr. Sanjay Singh and Mr. M. Singh, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.05.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2-Reshma Lamba @ Reshma Patpatiya @ Mamta is also present in Court along with her counsel who accepts notice.

She has been identified by SI Dharamvir Singh of Crime Against Women Cell, Nanakpura. 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 Counselling Cell, Family Court, South East District, Saket Court, New Delhi on 23th December, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 6th April, 2018 by the Family Court, South East District, Saket

Court, New Delhi. Petitioner no.1 has paid `25 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 with this payment entire settled amount of `75 lacs stands paid and she has no objection in case FIR No. 87/2014 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell and the consequent proceedings emanating therefrom are quashed against the petitioner.

Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings.

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 11, 2018 ga