Rohit Girdhar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1735/2018 ROHIT GIRDHAR & ORS ..... Petitioners Through:

Mr. Deepak Sinha, Mr. Sudhir Kumar Jha and Mr. Ajay Kumar, Advs.

versus THE STATE & ANR ..... Respondents Through:

Mr. Ranbir Singh Kundu, ASC with Mr. Suman Saharan, Adv. along with ASI Aman Kumar, CAW Cell, Nanakpura.

Respondent no.2 in person along with her counsel (appearance slip not given).

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.05.2018 Notice. Learned ASC accepts notice for respondent no.1. Respondent no.2-Ms. Nirin Barmi Girdhar is present in Court along with her counsel, who accepts notice. She has been identified by ASI Aman Kumar of CAW Cell, 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 the Counselling Cell, Family Court, Saket Court, New Delhi on 29th May, 2015.

Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 15th

November, 2017 passed by the Family Courts, South District, Saket Courts, New Delhi.

Petitioner no. 1 has paid `1.25 lacs 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 `4.25 lacs stands paid with this payment and she has no objection in case FIR No. 85/2014 under Sections 498A/406/34 IPC registered at police station CAW Cell, Nanakpura 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.

Writ petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

MAY 29, 2018 ga