Vikas Saini & ORS. v. State & ANR.

$~39 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2684/2018 VIKAS SAINI & ORS.

..... Petitioners Through:

Mr.

Gyanesh Saini, Adv.

with petitioner no.1 in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Amit Chadha, APP with ASI Jai Prakash, CAW Cell, Nanakpura.

Respondent no.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 and accepts notice. She has been identified by ASI Jai Prakash of police station Crime (Women) Cell, Nanak Pura. 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 before the CAW Cell, Nanakpura, New Delhi vide Memorandum of Understanding dated 28th August, 2017.

Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Central District, Tis Hazari Court, Delhi on 25th April, 2018. Petitioner no.1 has paid `2 lacs to the respondent no.2 today in

Court vide a demand draft, photocopy whereof has been placed on record. Respondent no.2 states that with this payment entire settled amount, that is, `5 lacs and she has no objection in case FIR No. 182/2016 under Sections 498A/406/34 IPC registered at Crime (Women) Cell, Nanak Pura is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 10. 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, 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 18, 2018 ga