Amit Kumar Nigam & ANR v. State & ANR

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4561/2018 and Crl. M.A. nos. 31662-64/2018 AMIT KUMAR NIGAM & ANR ..... Petitioners Through Mr. Rajiv Ranjan Prasad, Adv.

versus STATE & ANR ..... Respondents Through Dr. M.P. Singh, APP with SI Ashish Kumar, PS. Bhajanpura Mr.

Jaswant Roy, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Bharti Kain is present in Court along with her counsel and accepts notice. She has been identified by SI Ashish Kumar of police station Bhajanpura.

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 6th April, 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 17th May, 2018 passed by the Family Courts, NorthEast District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `2,50,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `10,00,000/- stands paid with this payment and she has no objection in case FIR no. 709/2015 under Sections 498-A/406 IPC registered at Police Station Bhajan Pura is quashed against the petitioner no. 1 and his mother, that is, petitioner no. 2.

Keeping in mind the settlement arrived at between the petitioner 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 applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 10, 2018 r.bararia