Ashwani Surya & ORS v. State ( NCT Of Delhi) & ANR

$~11 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2508/2018 ASHWANI SURYA & ORS ..... Petitioners Through:

Mr. Vijay Sharma and Mr. Ajay Sharma, Advs.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Amit Chadha, APP with SI Vijay Kumar, P.S. Farsh Bazar.

Mohd. Imran, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.07.2018 Respondent no.2-Kavita is present in Court along with her counsel. She has been identified by SI Vijay Kumar of police station Farsh Bazar. She 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 Settlement Agreement dated 16th August, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce dated 15th May, 2018 passed by Family Court, Shahdara District, Karkardooma Court, Delhi. Petitioner no.1 has paid `3.5 lacs to the respondent no.2 through a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that with this payment entire settled amount, that is, `10.5 lacs

stands paid and she has no objection in case FIR No.1027/2014 under Sections 498A/406/34 IPC registered at police station Farsh Bazar is quashed against 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 in keeping 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 application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

JULY 11, 2018 ga