Yogesh Sharma & ORS. v. State & Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3031/2018, CRL MA 10665/2015 YOGESH SHARMA & ORS.

..... Petitioners Through Mr. Akmal Khan, Adv versus STATE & ANOTHER ..... Respondents Through Dr. M.P. Singh, APP for State.

WSI Roshni, PS CWC Nanakpura Mr. Susbhash Chand, Adv for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.05.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 Ms. Manisha is also present in Court and accepts notice. She has been identified by W/SI Roshini of police station CWC Nanakpura. 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 Mediation Cell of CAW Cell, Nanakpura vide Memorandum of Understanding dated 4th August, 2017. Her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 20th December, 2017 passed by the Family Courts, South-East District, Saket Courts, New Delhi. Petitioner no. 1 has paid `6,00,000/- to the respondent no. 2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `20 lacs stands paid with this payment and she has no objection in case FIR No.29/2017 under Sections 498A/406/34 IPC

registered at police station Crime (Women) Cell, Nanakpura is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. 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 29, 2018/sm