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High Court of DelhiCRL.M.C./3814/2018

Pradeep Kumar @ Pardeep v. The State ( NCT Of Delhi) & ORS

2018-08-01Hon'Ble Mr. Justice A.K. Pathak3 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3814/2018 and Crl. M.A. nos. 29020-21/2018 PRADEEP KUMAR @ PARDEEP ..... Petitioner Through Mr. Sabyasathi Mishra, Adv.

versus THE STATE ( NCT OF DELHI) & ORS ..... Respondents Through Ms. Manjeet Arya, APP with SI Beerpal Singh, P.S. GTB Nagar Mr.

Sourabh Pahwa, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.08.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Sangeeta is present in Court along with her counsel and accepts notice. She has been identified by SI Beerpal Singh of police station GTB Enclave.

Learned APP submits that father-in-law, mother-in-law, brother-inlaws, sister-in-law etc. are also accused, however, they have not been impleaded in this petition. On the oral prayer made by the learned counsel for petitioner, relatives of petitioner, who are accused, are impleaded as

respondent nos. 3 to 8.

Amended memo of parties has been filed.

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, vide a Memorandum of Understanding dated 12th May, 2016. Respondent no. 2 says that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 22nd July, 2017 passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `4,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, respondent nos. 2 to 8.

Keeping in mind the settlement arrived at between the petitioner 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, FIR no. 314/2014 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station G.T.B. Enclave and consequent proceedings emanating therefrom are

quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

AUGUST 01, 2018 r.bararia