Madhur Gautam v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3190/2018 and Crl. M.A. no. 11170/2018 MADHUR GAUTAM & ORS.

..... Petitioners Through Mr. R.K. Singh, Adv.

versus THE STATE & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with SI Vijay Kumar, P.S. Farsh Bazar Mr. Ajay Bahl, Adv. with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.08.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Manisha Gautam is present in Court along with her counsel and accepts notice. She has been identified by SI Vijay Kumar of police station Farsh Bazar.

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 5th September, 2017. Respondent no. 2 submits that her marriage with

petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 28th April, 2018 passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `1,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount stands paid with this payment and she has no objection in case FIR no. 244/2005 under Sections 498-A/406/34 IPC registered at police station Farsh Bazar and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Keeping in mind the settlement arrived at between the petitioners 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.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

AUGUST 17, 2018 r.bararia