Nevile Vijoy Varghese v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3167/2018 NEVILE VIJOY VARGHESE ..... Petitioner Through:

Mr. Tom Joseph, Adv.

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

Dr. M.P. Singh, APP for State with SI Upendra Kumar, P.S. New Ashok Nagar.

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 Upendra Kumar of police station New Ashok Nagar.

Respondent no.2 submits that she has settled the matter with petitioner of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre, Karkardooma Court, Delhi on 8th May, 2017. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, East District, East District, Karkardooma Court, Delhi on 17th April, 2018. Respondent no.2 further submits that she has no objection in case FIR No. 352/2016 under Sections 498A/406 IPC registered at police station New

Ashok Nagar is quashed.

Keeping in mind the settlement arrived at between the petitioner 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 application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

AUGUST 20, 2018 ga