Mukesh Anjaan & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2988/2018 MUKESH ANJAAN & ORS ..... Petitioners Through:

Mr. T.A. Khan and Mohd. Riyaz Zuber, Advs.

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

Dr. M.P. Singh, APP for State with SI Jaivind Kumar, P.S. Kalyanpuri.

Mr. S.S. Rawal, Adv. for R-2 with R2 in person.

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-Smt. Rekha is present in Court along with her counsel, who accepts notice. She has been identified by SI Jaivind Kumar of police station Kalyanpuri.

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 the Delhi Mediation Centre, Karkardooma Courts, Delhi on 31st May, 2016.

Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 29th January, 2018 passed by the Family Courts, East District, Karkardooma Court, Delhi.

Respondent no. 2 says that she has already received entire settled amount from the petitioner no.1 and she has no objection in case FIR No. 336/2011 under Sections 498A/406/34 IPC registered at police station Kalyanpuri is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4. Affidavit of respondent no.2 is also on record to this effect. 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 ga