High Court of DelhiCRL.M.C./4413/2018

Mahavir Singh Bisht & ANR. v. The State & ANR.

2018-08-31Hon'Ble Mr. Justice A.K. Pathak2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4413/2018 MAHAVIR SINGH BISHT & ANR.

..... Petitioners Through Mr. N.S. Negi, Adv. with petitioners in person versus THE STATE & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Dharamvir Singh, P.S. CWC Nanak Pura Ms. Vandana Gupta, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.08.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Anjana Bisht is present in Court along with her counsel and accepts notice. She has been identified by SI Dharamvir Singh of police station Crime (Women) Cell, Nanak Pura. 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 Counselling Cell, Family Courts, Patiala House Courts, New Delhi dated 8th September, 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 12th July, 2018 passed by the Family Courts, New Delhi District, Patiala House Courts, New Delhi. Petitioner no. 1 has paid `3,50,000/- 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. 109/2015 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell Nanak Pura and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his mother, that is, petitioner no. 2.

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 consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

AUGUST 31, 2018 r.bararia