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High Court of DelhiCRL.M.C./3613/2018

Subrata Adhikari v. The State (NCT Of Delhi) & ANR.

2019-02-12Hon'Ble Mr. Justice A.K. Pathak2 pages

$~13 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3613/2018 SUBRATA ADHIKARI ..... Petitioner Through Md. Faiz, Advocate versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through Ms. Manjeet Arya, Advocate with SI Sanjay Kumar, P. S. Shakarpur

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.02.2019 On the oral prayer made by learned counsel for the petitioner Ms. Anita Adhikari w/o late Shri Bishnu Pada Adhikari is impleaded as respondent no.3.

She is mother of the petitioner and is co-accused. Amended memo of parties to be filed during course of the day. Respondent no.2 Ms. Sahana Banarjee is present in Court and has been identified by Sub-Inspector Sanjay Kumar, Police Station Shakarpur. She 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 Counselling Cell, East District, Family Court, Viswas Nagar, Delhi on 30th November, 2016. Respondent no. 2 further submits that her marriage with

the petitioner has already been dissolved by a decree of divorce by mutual consent dated 16th December, 2017 passed by the Family Court, East District, Karkardooma Courts, Delhi. Respondent no.2 further submits that she has no objection in case FIR no.2291/2016 under Sections 498-A/406/34 IPC registered at Police Station Shakarpur and consequent proceedings emanating therefrom are quashed against petitioner and respondent 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.

Dasti.

A.K. PATHAK, J FEBRUARY 12, 2019 b