Ashwani Kumar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3425/2018 ASHWANI KUMAR & ORS ..... Petitioners Through Mr. Manoj Kumar, Adv versus THE STATE & ANR ..... Respondents Through Mr. Izhar Ahmad, APP for State.

SI Anurag Tyagi, PS Sarai Rohilla Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.11.2018 Notice.

Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Kalpna is present in Court and has been identified by SI Anurag Tyagi of police station Sarai Rohilla. Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion vide Memorandum of Understanding dated 24th December, 2016. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 16th January, 2018 passed by the Family Court, Central District, Tis Hazari Courts, Delhi. petitioner no.1 has paid `50,000/- to respondent no.2 by way of demand draft, photocopy whereof is on record. Respondent no. 2 says that with this payment, entire settled amount of `1,50,000/-

stands received by her and she has no objection in case FIR no. 1115/2015 under Sections 498-A/406/34 IPC registered at Police Station Sarai Rohilla and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6.

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 consequent proceedings emanating therefrom are quashed against the petitioners.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J NOVEMBER 15, 2018 sm