Jivitesh Manoj Shah & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2903/2018 JIVITESH MANOJ SHAH & ORS.

..... Petitioners Through:

Mr. Deepak Acharya, Adv. along with SPP for petitioner no.1.

versus STATE & ANR.

..... Respondents Through:

Dr. M.P. Singh, APP for State with SI Shubhangi, P.S. Preet Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Pankhuri Miglani is present in Court and accepts notice. She has been identified by SI Shubhangi of police station Preet Vihar. Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre, Karkardooma Court on 24th May, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 14th March, 2018 passed by the Family Courts, Karkardooma Court, Delhi. Petitioner no. 1 has paid `1 lac to the respondent no. 2 vide a demand draft, photocopy whereof has been

placed on record. Respondent no. 2 says that entire settled amount of `25 lacs stands paid with this payment and she has no objection in case FIR No. 245/2016 under Sections 498A/406/34 IPC registered at police station Preet Vihar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4.

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 25, 2018 ga