Prabhat Chaudhary & ANR. v. State

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3900/2018 PRABHAT CHAUDHARY & ANR.

..... Petitioners Through:

Mr. Pramod Kumar and Mr. Pawan, Advs.

versus STATE ..... Respondent Through:

Mr. M.S. Oberoi, APP for State with SI Reeta, CAW Cell, Nanakpura.

Mr. Gigic George and Mr. Ramesh Tiwari, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.08.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court along with her counsel, who also accepts notice. She has been identified by W/SI Reeta of CAW Cell, Nanakpura. 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 vide Agreement for Mutual Settlement Deed/MOU dated 11/08/2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, South East, Saket Court, New Delhi on 17th July, 2018. Petitioner no.1 has paid `1 lacs to the respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no.

2 submits that entire settled amount stands paid with this payment, therefore, she has no objection in case FIR No. 30/2017 under Sections 498A/406/377/34 IPC registered at police station Crime (Women) Cell, Nanak Pura and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his sister, that is, petitioner no. 2.

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 in keeping 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.

AUGUST 03, 2018 ga