High Court of DelhiCRL.M.C./2481/2018

Hitesh Arora & ORS v. State Of NCT Delhi & ANR

2018-09-14Hon'Ble Mr. Justice R.K.Gauba2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2481/2018 HITESH ARORA & ORS ..... Petitioners Through:

Mr. Anoj K. Padhy, Mr. Vinod Kumar Kaushik and Mr Hitesh Arora, Advocates versus STATE OF NCT DELHI & ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State.

Mr. Yudhister Sharma, Adv. and Mr. Keshav Parashar, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2018 Crl. M. A. 32128/2018 (for restoration) Notice.

Learned APP accepts notice for the respondent No.1. Respondent No. 2 is present along with her counsel and accepts notice. Learned APP and the counsel for the respondent No. 2 say that they have no objection in case the date of hearing is preponed. The application is allowed.

Date fixed in the matter of 22.02.2019 is preponed for today. CRL.M.C. 2481/2018 & CRL. M. A. 8833-8835/2018 Respondent No. 2 says that she has settled the matter with petitioner No.1 of her own free will and without any undue force, pressure or coercion

before Delhi Mediation Centre, Rohini District Courts, Delhi on 04.09.2017. She says that her marriage with petitioner no.1 has already been dissolved by a decree of divorce dated 15.01.2018 passed by a Family Court, NorthWest District, Rohini Courts, Delhi. Respondent no. 2 says that has received the entire settled amount of ₹ 1,50,000/- and she has no objection in case FIR No. 663/2015 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at police station South Rohini is quashed.

Keeping in mind the settlement arrived at between the petitioner no. 1 and respondent no. 2 before Mediation Centre, in my view, no fruitful purpose would be served to keep the criminal proceedings pending against the petitioners. 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.

SEPTEMBER 14, 2018 sr