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High Court of DelhiCRL.M.C./5097/2018

Sh. Lovkush & ANR. v. The State (NCT Of Delhi) & ANR.

2018-10-31Hon'Ble Mr. Justice A.K. Pathak2 pages

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5097/2018 SH. LOVKUSH & ANR.

..... Petitioners Through Mr. Sundaram, Adv.

versus THE STATE (NCT OF DELHI) & ANR.

..... Respondents Through Ms. Neelam Sharma, APP with W/SI Birmati, P.S. Uttam Nagar Mr.

M.K.

Saroja, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.10.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Geeta is present in Court along with her counsel and accepts notice. She has been identified by W/SI Birmati of police station Uttam 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 before the Counselling Cell, Family Courts, West District, Tis Hazari Courts, Delhi on 19th December, 2016. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree

of divorce by mutual consent dated 13th September, 2017 passed by the Family Courts, South-West District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid `75,000/- 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 `2,25,000/- stands paid with this payment and she has no objection in case FIR no.238/2016 under Sections 498-A/406 IPC registered at Police Station Uttam Nagar and consequent proceedings emanating therefrom are quashed against the petitioners. 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.

OCTOBER 31, 2018 r.bararia