Rahul Abbey & ANR v. State ( Govt Of NCT Of Delhi) & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2725/2018 and Crl. M.A. No. 9694/2018 RAHUL ABBEY & ANR ..... Petitioners Through Mr.

Vipin Kumar, Adv.

with petitioners in person versus STATE (GOVT OF NCT OF DELHI) & ANR .... Respondents Through Mr. M.S. Oberoi, APP with ASI Ranvir Singh, P.S.

CAW Cell, Nanakpura Mr. Santosh K. Sethi, Mr. Arjun Jaidka and Mr. Pramod Kumar, Advs.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Summi @ Summi Jaidka is present in Court along with her counsel and accepts notice. She has been identified by ASI Ranvir Singh of police station CAW Nanakpura.

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.

Respondent no. 2 further submits that her marriage with

petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 28th August, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Respondent no. 2 says that entire settled amount of `10,00,000/- stands paid and she has no objection in case FIR no. 13/2015 under Sections 498-A/406/34 IPC registered at Police Station CAW Nanak Pura and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his mother, that is, petitioner no. 2. Affidavit of respondent no. 2 to this effect is also on record. Keeping in mind the settlement arrived at between the petitioners 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 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.

SEPTEMBER 17, 2018 r.bararia