Sunny Ahuha v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2696/2018 SUNNY AHUHA ..... Petitioner Through:
Mr. Saurabh Jana and Ms. Neha Gupta, Advs. for petitioner and for respondent nos. 3 to 5.
Versus
STATE & ANR.
..... Respondents Through:
Ms. Manjeet Arya, APP for State with W/ASI Sukhda, P.S. Uttam Nagar.
Mr. Pawan Kapoor and Mr. Jaynender Mishra, Advs. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 18.05.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is also present in Court along with her counsel, who accepts notice. Respondent no.2 has been identified by W/ASI Sukhda of police station Uttam Nagar.
Learned APP submits that apart from the petitioner Smt. Rajrani, Sh. Vinod Chawla and Smt. Hema Chawla are also accused in the FIR. Accordingly, on the oral prayer made by the learned counsel for the petitioner, Smt. Rajrani, Sh. Vinod Chawla and Smt. Hema Chawla are
impleaded as respondent nos. 3 to 5. Amended memo of parties be filed during course of the day.
Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion vide Memorandum of Understanding/Compromise Deed /Undertaking dated 25th February, 2017. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shahdara District, Karkardooma Court, Delhi on 5th December, 2017. Respondent no.2 states that she has already received entire settled amount and jewellery articles from the petitioner and she has no objection in case FIR No. 803/2016 under Sections 498A/406 IPC registered at police station Uttam Nagar is quashed against the petitioner and respondent nos. 3 to 5.
Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in my view, no fruitful purpose would be served in keeping the criminal proceedings pending. Accordingly, aforesaid FIR and the consequent proceedings emanating therefrom are quashed against the petitioner and respondent nos. 3 to 5. Petition is disposed of in the above terms. Miscellaneous application
is disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
MAY 18, 2018 ga