Mahesh Kumar & ORS v. The State & ANR

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2966/2018 MAHESH KUMAR & ORS ..... Petitioners Through:

Mr. Ashok Kumar Sherawat and Mr.

Shashidhar Mishra, Advs. along with petitioners in person.

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

Dr. M.P. Singh, APP for State with SI Braham Pal Singh, P.S.

Malviya Nagar.

Ms. Promila, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Nupur Verma is present in Court along with her counsel, who accepts notice. She has been identified by SI Brahm Pal Singh of police station Malviya Nagar.

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 vide Memorandum of Understanding/Settlement Deed dated 4th December, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 13th March, 2018

passed by the Family Courts, South District, Saket Courts, New Delhi. Petitioner no. 1 has paid `30,000/- to the respondent no. 2 today in Court, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `1.25 lacs stands paid with this payment and she has no objection in case FIR No. 375/2016 under Sections 498A/406/34 IPC registered at police station Malviya Nagar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no.2 is also on record to this effect. 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 application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MAY 28, 2018 ga