Sharad Kapur And Others v. State And Another

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4404/2018, CRL MA 31033/2018 SHARAD KAPUR AND OTHERS ..... Petitioners Through Mr. Sunil Mittal, Sr. Adv with Mr. Dhruv Goel, Adv versus STATE AND ANOTHER ..... Respondents Through Ms. Manjeet Arya, APP for State SI Arun, PS Farash Bazar Mr. Gauravjeet Narwan, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.08.2018 Respondent no.2-Mini Malhotra is present in Court along with her counsel and accepts notice. She has been identified by SI Arun of police station Farash Bazar.

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 Delhi High Court Mediation & Conciliation Centre on 18th April, 2018.

She further says that her marriage with petitioner no.1 has already been dissolved by a decree of divorce passed by Family Courts, Shahdara District, Karkardooma Courts, Delhi on 6th July, 2018. Petitioner no.1 has paid `28,50,000/- to respondent no.2 by way of demand draft, photocopy whereof is on record.

Respondent no.2 says that with this payment, entire settled amount of `63,50,000/- stands

received by her.

Respondent no. 2 further says that she has no objection in case FIR No. 282/2010 under sections 498-A/406/34 IPC registered at police station Farash Bazar and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no.2, to this effect, is 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 against the petitioners.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J AUGUST 30, 2018 sm