High Court of DelhiCRL.M.C./4856/2018

Sh. Rupesh Goel & Others v. The State & ANR.

2018-12-07Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4856/2018 SH. RUPESH GOEL & OTHERS ..... Petitioners Through :

Ms. Neha Garg, Advocate.

Petitioner No. 1 in person.

versus THE STATE & ANR.

..... Respondents Through :

Mr. Izhar Ahmad, APP for State with IO/SI Karamvir, P.S. Narela, Delhi.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.12.2018 CRL. M.A. Nos. 32703/2018 & 48312/2018 (Exemption) Allowed, subject to all just exceptions.

These applications are, accordingly disposed of. CRL.M.C. 4856/2018 Respondent No. 2/ Ms. Shikha Goel @ Ms. Shikha Gupta is present in court and has been identified by IO/SI Karanvir, Police Station Narela, Delhi. She submits that she has settled the matter with petitioner No. 1 vide Memo of Understanding/Settlement Deed dated 10.08.2018. She states that her marriage with petitioner No. 1 has already been dissolved by a decree of divorce by mutual consent dated 05.11.2018 passed by the Family Court, North-West, Rohini, Delhi.

Petitioner No. 1 has paid `10,00,000/- (Rupees Ten Lacs) by way of two demand drafts, copies whereof have been placed on record. Respondent No. 2 states that she has no objection in case, the FIR No. 319/2017 under Sections 354/377/442/498-A/406/420/34 IPC read with Sections 3 and 4 of the Dowry Prohibition Act, Police Station Narela, Delhi and the consequent proceedings are quashed against the petitioners.

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, aforesaid FIR and the consequent proceedings emanating therefrom are quashed, subject to encashment of demand draft.

Petition is disposed of in the above terms.

CRL. M.A. 48311/2018 The amount of `.5,00,000/- (Rupees Five Lacs) deposited in the Bail Application 2527/2017 along with the interest accrued thereupon be released by the Registry to the petitioner No. 1. This application is, accordingly, disposed of. Dasti.

A.K. PATHAK, J DECEMBER 07, 2018 j