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High Court of DelhiCRL.M.C./4196/2018

Kamal Kamra & ORS v. State (Govt Of NCT Of Delhi) & ANR

2018-08-20Hon'Ble Mr. Justice A.K. Pathak2 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4196/2018 KAMAL KAMRA & ORS ..... Petitioners Through:

Mr. Tanuj Dogra, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with ASI Kartar Singh, P.S.

Rajouri Garden.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.08.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court and has been identified by SI Kartar Singh of police station Rajouri Garden.

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, Delhi on 17th April, 2014. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, West District, Tis Hazari Court, Delhi on 3rd August, 2015. Petitioner no.1 has paid `40,000/- to the respondent no.2 today in Court towards balance settled amount vide a demand draft, photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire amount, that is, `1.50 lacs stands paid and she has no objection in case FIR No. 325/2009 under Sections 498A/406/34 IPC registered at police station Rajouri Garden is quashed against 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 in keeping 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 applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

AUGUST 20, 2018 ga