Rohit & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4475/2018 ROHIT & ORS ..... Petitioners Through:

Mr. G.K. Sachdeva, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Dr. M.P. Singh, APP for State with ASI Rajendra, P.S. Hari Nagar.

Mr. Mohit Khanna, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.09.2018 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 ASI Rajendra of police station Hari Nagar. 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 before the Counselling Cell, Family Court, West District, Tis Hazari Court, Delhi on 15.05.2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 28.03.2018 passed by the Family Court, West District, Tis Hazari Court, Delhi. Petitioner no.1 has paid `1.50 lacs to the respondent no.2 today in Court vide a demand draft, photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire settled amount of `3.50 lacs stands paid and she has no objection in case FIR No. 465/2016 under Sections 498A/406/34 IPC registered at police station Hari Nagar and the consequent proceedings are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3.

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.

SEPTEMBER 05, 2018 ga