Rinkal Setia & ORS v. Govt Of NCT Of Delhi& ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2897/2018 RINKAL SETIA & ORS ..... Petitioners Through:

Mr. F.K. Jha, Mr. Shashank A. Singh and Mr. Deepak Kumar, Advs.

versus GOVT OF NCT OF DELHI& ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with ASI Rajender Singh, P.S.

Tilak Nagar.

Mr. Ved Parkash and Mr. Neeraj Kant, Advs. for R-2 along with R-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. Nidhi Setia is present in Court along with her counsel, who accepts notice.

She has been identified by ASI Rajender Singh of police station Tilak Nagar.

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, Tis Hazari Court on 8th August, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 27th March, 2018 passed by

the Family Courts, West District, Tis Hazari Court, Delhi. Petitioner no. 1 has paid `3 lacs 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 `7 lacs stands paid with this payment and she has no objection in case FIR No. 412/2016 under Sections 498A/406/34 IPC registered at police station Tilak Nagar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5.

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.

Dasti.

A.K. PATHAK, J.

MAY 25, 2018 ga