Akant Tyagi & ORS v. State NCT Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3445/2018 AKANT TYAGI & ORS ..... Petitioners Through:

Mr. Amit Agarwal, Adv.

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

Dr. M.P. Singh, APP for State with SI Pankaj, P.S. Hari Nagar.

Mr. Vinay Kr. Sharma, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Geetanjali Tyagi is present in Court along with her counsel, who accepts notice. She has been identified by SI Pankaj of police station Hari Nagar.

Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion before Family Court, West District, Tis Hazari Court, Delhi on 20.01.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent on 04.09.2018 passed by the Family Court, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has

paid `10 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 `40 lacs stands paid with this payment and she has no objection in case FIR No. 20/2018 under Sections 498-A/406/34 IPC registered at police station Hari Nagar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. 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.

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

Dasti.

A.K. PATHAK, J.

SEPTEMBER 05, 2018 ga