Upender Singh & ORS v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3542/2018 and Crl. M.A. no. 28038/2018 UPENDER SINGH & ORS ..... Petitioners Through Mr. Raghav Kapoor, Adv.

Versus

STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP with ASI Rajender Singh, P.S. Geeta Colony Mr. S.S. Kalra, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.07.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Manpreet Kaur is present in Court along with her counsel and accepts notice. She has been identified by ASI Rajender Singh of police station Geeta Colony.

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, vide a Memorandum of Understanding dated 18th August, 2017.

Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 7th April, 2018 passed by the Family Courts, East District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `1.35 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 `3.50 lacs stands paid with this payment and she has no objection in case FIR 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 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, FIR no. 331/2015 under Sections 498-A/406/34 IPC registered at Police Station Geeta Colony 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.

JULY 19, 2018 r.bararia