Mohd. Ishtiyak & ORS v. State & ORS

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4017/2018 MOHD. ISHTIYAK & ORS ..... Petitioners Through:

Mr. Shamim Ahmad Khan, Adv.

versus STATE & ORS ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with SI Sri Gopal, P.S. Shakar Pur.

Mr. A.A. Khan, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.08.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court along with her counsel and has been identified by SI Sri Gopal of police station Shakar Pur.

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. Petitioner no.1 has paid ₹75,000/- to the respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that with this payment entire settled amount of ₹4.75 lacs stands paid and she has no objection in case FIR No. 83/2013 under Sections 498A/406/34 IPC registered at police station Shakarpur is quashed against the petitioner no.2 and his relatives, that is, petitioner nos. 3

to 7. Affidavit of respondent no.2 is on record to this effect. 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 09, 2018 ga