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High Court of DelhiCRL.M.C./4666/2018

Sh. Yogesh Sahrma & ANR. v. The State & ANR.

2018-09-14Hon'Ble Mr. Justice A.K. Pathak2 pages

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4666/2018 SH. YOGESH SAHRMA & ANR.

.... Petitioners Through Mr.

Vijay Waghey, Adv.

with petitioners in person versus THE STATE & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Vipin Kumar, P.S. Kalyanpuri Mr.

Nitin Verma, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Pooja Sharma @ Pooja Rani is present in Court along with her counsel and accepts notice. She has been identified by SI Vipin Kumar of police station Kalyanpuri.

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. Respondent no. 2 further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 3rd May, 2018 passed by the Family Courts, East District,

Karkardooma Courts, Delhi.

Petitioner no. 1 has paid `1,50,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `3,65,000/- stands paid with this payment and she has no objection in case FIR no.19/2014 under Sections 498-A/406/34 IPC registered at Police Station Kalyanpuri and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his mother, that is, petitioner no. 2. Affidavit of respondent no. 2 to this effect is also on record at pages 49-50. 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.

SEPTEMBER 14, 2018 r.bararia