Sanjay Kumar v. The State & ANR

$~1 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4848/2018 and Crl. M.A. no. 32682/2018 SANJAY KUMAR ..... Petitioner Through Mr. K.B. Hina, Adv.

versus THE STATE & ANR.

..... Respondents Through Mr.

Izhar Ahmad, APP with SI Shailendra Kumar Singh, P.S.

Gokulpuri, Delhi Mr.

Jaskaran Singh, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.10.2018 Notice. Respondent no.2 Ms. Manju Kumari is present in Court and accepts notice. She has been identified by SI Shailendra Kumar Singh of police station Gokulpuri.

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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 7th November, 2017.

Respondent no. 2 submits that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 8th May, 2018 passed by the Family Courts, Shahdara District,

Karkardooma Courts, Delhi.

Petitioner has paid `2,00,000/- to the respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record. Respondent no. 2 says that settled amount stands paid with this payment and she has no objection in case FIR no.636/2007 under Sections 498-A/406/34 IPC and Sections 3/4 of the Dowry Prohibition Act, 1961 registered at Police Station Yamuna Vihar/Gokulpuri and consequent proceedings emanating therefrom are quashed against the petitioner. Keeping in mind the settlement arrived at between the petitioner 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.

OCTOBER 29, 2018 r.bararia