Brijmohan Jindal & ORS v. The State & ANR

$~54 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4444/2018 BRIJMOHAN JINDAL & ORS.

..... Petitioners Through Mr. R.K. Singh, Ms. Ritu Reniwal and Mr. Kumar Gaurav, Advs.

versus THE STATE & ANR.

..... Respondents Through Ms. Manjeet Singh Oberoi, APP with ASI Devender, P.S.

Mandawali Fazalpur Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Himanshi is present in Court and accepts notice. She has been identified by ASI Devender of police station Mandawali Fazalpur. 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 March, 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 18th May, 2018 passed by the Family Courts, East District,

Karkardooma Courts, Delhi.

Petitioner no. 1 has paid `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 stands paid with this payment, and she has no objection in case FIR no. 66/2017 under Sections 498-A/406/34 IPC registered at Police Station Mandawali Fazal Pur and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4. Keeping in mind the settlement arrived at between the petitioners 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, subject to encashment of the demand draft. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

SEPTEMBER 04, 2018 r.bararia