Vinod Kumar & Others v. State Of NCT Delhi & Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5173/2018, CRL MA 33933-34/2018 VINOD KUMAR & OTHERS ..... Petitioners Through Mr. Rakesh Yadav, Adv versus STATE OF NCT DELHI & ANOTHER ..... Respondents Through Ms. Manjeet Arya, APP for State SI Hari Ram, PS Mukharjee Nagar Mr. Summinder Paswan, Adv for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.10.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2-Ms. Bhupendra is present in Court along with her counsel and accepts notice. She has been identified by SI Hari Ram of police station Mukherjee 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 vide Settlement Agreement dated 11th August, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 16th May, 2018 passed by the Family Courts, North District, Rohini Courts, Delhi.

Petitioner no.1 has paid `2 lacs to respondent no.2 by way of demand draft, photocopy whereof is on record. Respondent no.2 says that with this payment, entire settled amount stand received by her and she has no objection in case FIR No.106/2017 under Sections

498A/406/34 IPC registered at police station Mukherjee Nagar and the consequent proceedings are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos.2 to 4. Affidavit of respondent no.2 to this effect, is on record.

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 applications are disposed of as infructuous. Dasti. A.K. PATHAK, J OCTOBER 09, 2018 sm