Monu & ORS v. The State & ORS

$~27 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2946/2018 & Crl. M.A. No. 10420/2018 MONU & ORS ..... Petitioners Through Mr. Sunil Kumar, Adv.

Versus

THE STATE & ANR.

..... Respondents Through Ms. Kusum Dhalla, APP with ASI Suphal Ram, P.S. Harsh Vihar Mr.

N.K.

Chaudhary, Adv.

with respondent no. 2 inperson

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.05.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 Ms. Kusum is also present in Court along with her counsel and accepts notice. She has been identified by ASI Suphal Ram of police station Harsh Vihar.

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 the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 18th April, 2018 passed by the Family Courts, Shahdara

District, Delhi.

Respondent no. 2 says that she has received the entire settled amount and she has no objection in case FIR No. 109/2016 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at police station Harsh Vihar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 8. Affidavit of respondent no. 2 to this effect is also on record at pages 29-30. 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 28, 2018 r.bararia