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High Court of DelhiCRL.M.C./4906/2018

Madan Singh Rana & ORS. v. State & ANR.

2018-09-25Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4906/2018 and Crl. M.A. no. 32891/2018 MADAN SINGH RANA & ORS.

..... Petitioners Through Mr. Anil Dabas and Mr. Praveen Kumar, Advs.

versus STATE & ANR.

..... Respondents Through Mr. M.S. Oberoi, APP with ASI Harikesh, P.S. Moti Nagar Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Vandana Bisht is present in Court and accepts notice. She has been identified by ASI Harikesh of police station Moti Nagar. 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, vide a Memorandum of Settlement dated 18th September, 2017. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 31st May, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.

Respondent no. 2 says that she has received the entire settled amount of `2,00,000/- and she has no objection in case FIR no.604/2015 under Sections 498-A/406/34 IPC registered at Police Station Moti Nagar and 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 also on record at pages 20-21. 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. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 25, 2018 r.bararia