Amit Kumar Sharma & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2541/2018 AMIT KUMAR SHARMA & ORS ..... Petitioners Through:

Mr. Vishnu Kant Pandey, Adv.

versus STATE & ANR ..... Respondents Through:

Dr. M.P. Singh, APP for State with SI Tejvir Singh, P.S. Welcome.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.05.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court and has been identified by SI Tejvir Singh of police station Welcome. She also accepts notice and 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 24th May, 2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shahdara District, Karkardooma Court, Delhi on 3rd August, 2017. Petitioner no.1 has paid `2 lacs to the respondent no.2 today in Court vide a demand draft, photocopy whereof is taken on record. Respondent no.2 submits that with this payment entire settled amount, that is, `6.50 lacs

stands paid and she has no objection in case FIR No. 646/2015 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act,1961 registered at police station Welcome is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5. 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 applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MAY 14, 2018 ga