Sanjay Saini & ORS v. State & ANR

$~55 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2523/2018 SANJAY SAINI & ORS ..... Petitioners Through:

Mr. Abhimanyu Lall, Adv.

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

Ms. Meenakshi Dahiya, APP with SI Prabhakaran, P.S. Chhawla.

Ms. Rajni Yadav, Adv. for R-2.

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 is also present in Court along with her counsel who accepts notice. She has been identified by SI Prabhakaran of police station Chhawla. Respondent no.2 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. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 3rd April, 2018 by the Family Court, Dwarka, Delhi.

Petitioner no.1 has paid `50,000/- 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 `2 lacs stands paid and she has no objection in case FIR

No. 181/2013 under Sections 498A/406/34 IPC registered at police station Chhawla and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Learned APP submits that father-in-law of respondent no.2, namely, Phool Singh is also an accused in the present FIR. Learned counsel for the petitioners submits that Phool Singh has already expired on 7th June, 2013. Copy of death certificate has been placed on record. 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.

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