High Court of DelhiCRL.M.C./4649/2018

Aman Didwania & ORS. v. The State (NCT Of Delhi) & ANR.

2018-09-13Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4649/2018 and Crl. M.A. no. 31983/2018 AMAN DIDWANIA & ORS.

..... Petitioners Through Mr. Anirudh Aggarwal, Adv.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Naresh Kumar, P.S. Mansarovar Park Mr.

Bharat Saini, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.09.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Rinki Verma is present in Court along with her counsel and accepts notice.

She has been identified by SI Naresh Kumar of police station Mansarovar Park.

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 Delhi Mediation Centre, Karkardooma Courts, Delhi on 10th June, 2016. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 3rd November, 2017 passed by the Family Courts, Shahdara

District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `1,00,000/- 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. 498/2015 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Mansarovar Park and consequent proceedings emanating thererom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. 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. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 13, 2018 r.bararia