Sujeet Kumar Mishra v. State (N.C.T. Of Delhi) & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4874/2018, CRL MA 32776/2018 SUJEET KUMAR MISHRA & ORS.

..... Petitioners Through Mr. Basant K Singh, Adv versus STATE (N.C.T. OF DELHI) & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP for State SI Baljit Singh, PS Mianwali Nagar Mr. S K Gupta, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.10.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Anni Mishra is present in Court along with her counsel and accepts notice. She has been identified by SI Baljit Singh of police station Mianwali 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 in terms of Memorandum of Understanding dated 26th April, 2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 4th January, 2017 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi.

She further submits that she has already received entire settled amount of `5.25 lacs from petitioner no.1 and has no objection in case FIR No.579/2015 under Sections

498A/406/34 IPC registered at police station Mianwali Nagar and the consequent proceedings are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos.2 to 9. Affidavit of respondent no.2 to this effect, is on record.

Keeping in mind the settlement arrived at between 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 OCTOBER 10, 2018 sm