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High Court of DelhiCRL.M.C./3016/2018

Naveen Vijay & ORS v. State (State Of Delhi) & ANR

2018-09-17Hon'Ble Mr. Justice A.K. Pathak2 pages

$~26 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3016/2018 NAVEEN VIJAY & ORS ..... Petitioners Through Mr. Surya Prakash and Mr. Deepak Grover, Advs. with petitioners in person versus STATE (STATE OF DELHI) & ANR ..... Respondents Through Mr.

Izhar Ahmad, APP with SI Pankaj Kumar, P.S. Shalimar Bagh Mr. Hari Narayan Wadhwa, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.09.2018 Crl. M.A. nos. 32296/2018 and 32298/2018 (exemption) Petitioner no. 2 Vijay Kumar and petitioner no. 4 Nishi Vijay are exempted from personal appearance. Applications are disposed of. CRL.M.C. 3016/2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Shilpi Wadhwa is present in Court along with her counsel and accepts notice. She has been identified by SI Pankaj Kumar of police station Shalimar Bagh.

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 Delhi Mediation Centre, Rohini District Courts, Delhi on 28th October, 2017. 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 15th September, 2018 passed by the Family Courts, North West District, Rohini Courts, Delhi.

Respondent no. 2 says that entire settled amount of `50,00,000/- stands paid and she has no objection in case FIR no. 436/2017 under Sections 498-A/406/34 IPC registered at Police Station Shalimar Bagh and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4. Affidavit of respondent no. 2 whereof is 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. Dasti. A.K. PATHAK, J.

SEPTEMBER 17, 2018 r.bararia