Veena Sachdeva v. State & ANR

$~59 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3718/2018 & Crl. M.A. no. 28692/2018 VEENA SACHDEVA ..... Petitioner Through Mr. Shashi Shanker and Ms. Pooja Mohanani, Advs.

versus STATE & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with with SI Anita, P.S. Pashim Vihar Ms.

Shikha Shah, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.07.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Shilpa is present in Court along with her counsel and accepts notice.

She has been identified by SI Anita of police station Paschim 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. She has already received ₹3.5 lacs. Learned counsel for the petitioner submits that ₹2 lacs in the shape of FDR has been deposited

before the trial Court and petitioner has no objection in case FDR is released to the respondent no. 2. Photocopy of the FDR has been placed on record. Respondent no. 2 says that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 4th June, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi and she has no objection in case FIR No. 352/2013 under Sections 498-A/406/34 IPC registered at Police Station Paschim Vihar and the consequent proceedings emanating therefrom are quashed, subject to release of FDR to her.

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, subject to release of FDR to her. Trial court shall release the FDR of ₹2 lacs to respondent no. 2 forthwith. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

JULY 30, 2018/r.bararia