Sagar & ORS v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4855/2018 SAGAR & ORS ..... Petitioners Through:

Mr. Jaipal and Mr. Nagender, Advs.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Ms. Manjit Arya, APP for State with SI Yakub Khan, P.S. Kapashera.

Mr. Mukesh Solanki, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.10.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Anita is present in Court along with her counsel, who accepts notice. She has been identified by SI Yakub Khan of police station Kapashera.

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. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 07.08.2018 passed by the Family Courts, South-West District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid `1.50 lacs to the respondent no. 2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent

no. 2 says that entire settled amount of `7.50 lacs stands paid with this payment and she has no objection in case FIR No. 340/2016 under Sections 498A/406/34 IPC registered at police station Kapashera is quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no.2, to this effect, is on record. 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, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 11, 2018 ga