Amit Sikka & ORS. v. The State & Others

$~49 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4132/2018 AMIT SIKKA & ORS.

..... Petitioners Through:

Ms. Sunita, Adv.

versus THE STATE & OTHERS ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with Insp. Raj Bala, P.S. South Rohini.

Mr. Arun Kumar Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.08.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 is present in Court along with her counsel, who accepts notice. She has been identified by Insp. Raj Bala of police station South Rohini. 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 Deed dated 20th November, 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 Court, North West, Rohini Court, New Delhi. She further submits that she has already received entire settled amount of `7 lacs and has no objection in case FIR No. 195/2017 under Sections 498A/406/34 IPC and Section 4 of the Dowry

Prohibition Act, 1961 registered at police station South Rohini and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 to this effect is also 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 application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

AUGUST 16, 2018 ga