Sachin Gaur v. State & ANR
$~2 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4868/2018 and Crl. M.A. no. 32758/2018 SACHIN GAUR ..... Petitioner Through Mr. P.V. Raghunandan, Adv.
versus STATE & ANR.
..... Respondents Through Mr. Izhar Ahmad, APP with ASI Sushma, P.S. Uttam Nagar Respondent no. 2 in person along with counsel (attendance slip not given) Respondent nos. 3 to 6 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 19.11.2018 Notice.
Learned APP accepts notice for respondent no. 1.
Respondent no.2 Ms. Sureta is present in Court along with her counsel and accepts notice.
She has been identified by ASI Sushma of police station Uttam Nagar.
On the oral prayer made by the learned counsel for petitioner, Shri Mahender Gaur, Smt. Manoj Gaur, Shri Himanshu Gaur and Smt. Anuradha Gaur are impleaded as respondent nos. 3 to 6. Amended memo of parties be filed during course of the day.
Respondent no.2 submits that she has settled the matter with the
petitioner of her own free will and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 7th March, 2018. Respondent no. 2 submits that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 5th June, 2018 passed by the Family Courts, South-West District, Dwarka Courts, New Delhi. Respondent no. 2 says that she has received the entire settled amount of `13,00,000/- and she has no objection in case FIR no. 179/2015 under Sections 498-A/406/34 IPC registered at Police Station Uttam Nagar and consequent proceedings emanating therefrom are quashed against the petitioner and his relatives, that is, respondent nos. 3 to 6. Keeping in mind the settlement arrived at between the petitioner, respondent nos. 3 to 6 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 consequent proceedings emanating therefrom are quashed against the petitioner and respondent nos. 3 to 6.
Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.
A.K. PATHAK, J.
NOVEMBER 19, 2018/r.bararia