Suhail Saeed @ Suhelasaid v. The State ( Govt Of NCT Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3427/2018 SUHAIL SAEED @ SUHELASAID ..... Petitioner Through:

Mr. Khalil A. Ansari, Adv.

versus THE STATE ( GOVT OF NCT DELHI) & ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with SI Seeta Ram, P.S. Sarita Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.07.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 is also present in Court and accepts notice. She has been identified by SI Seeta Ram of police station Sarita Vihar.

Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre, Saket Court, Delhi on 1st May, 2018 (Annexure B). In terms of clause 1 of Annexure B, a total sum of `15 lacs is payable by the petitioner to the respondent no.2 in two instalments, that is, `5 lacs on or before 30th August, 2018 and remaining `10 lacs on or before 30th August, 2019. Respondent no.2 further submits that she has no objection in case FIR No. 848/2007 under Sections 498A/406/34 IPC

registered at police station Sarita Vihar is quashed, subject to petitioner making payments in terms of clauses 2 to 4 of the Settlement Agreement dated 1st May, 2018 arrived at before the Delhi Mediation Centre, Saket Courts, New Delhi.

Subject to petitioner complying with clauses 2 to 4 of Annexure B in letter and spirit, aforesaid FIR and the consequent proceedings emanating therefrom are quashed. However, it is made clear that in case payment is not made in terms of Annexure B, the aforesaid FIR and the consequent proceedings before the trial court shall stand revived. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

JULY 12, 2018 ga