Kruparth v. The State & Others

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4129/2018 KRUPARTH ..... Petitioner Through:

Mr. Sunita, Adv.

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

Mr. Izhar Ahmad, APP for State with SI Divya Mann, P.S. Vijay Vihar (Outer).

Counsel for R-2 along 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. Smt. Reena Shah-respondent no.2 is present in Court along with her counsel, who accepts notice. She has been identified by SI Divya Mann of police station Vijay Vihar (Outer).

Respondent no.2 submits that she has settled the matter with petitioner of her own free will and without any undue force, pressure or coercion. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 26th July, 2018 passed by the Family Court, North West, Rohini Court, New Delhi. She further submits that she has already received entire settled amount of `5 lacs and has no

objection in case FIR No. 1724/2016 under Sections 498A/406/34 IPC registered at police station Vijay Vihar (Outer) and the consequent proceedings emanating therefrom are quashed against the petitioner. 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