Vijay Dheer & ANR. v. State & ANR.

$~47 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5123/2018 VIJAY DHEER & ANR.

..... Petitioners Through:

Ms. Charu Bhardwaj, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr.Rajat Katyal, APP for State with ASI Prem Ram Arya, PS Hari Nagar.

Mr.R.K. Tarun , Advocate for R-2 with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.10.2018 Crl.M.A. No.33730/2018 Allowed, subject to all just exceptions.

The application is disposed of.

CRL.M.C. 5123/2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court along with her counsel, who accepts notice. She has been identified by ASI Prem Ram Arya of police station Hari 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 vide Memorandum of Understanding dated 12th October, 2017. She submits that her marriage with petitioner no.1 has been dissolved by a decree of divorce by mutual consent on 28th July, 2018 passed by the Family Courts, (West), Tis Hazari Courts, Delhi. She says that she has no objection,

in case, FIR no. 98/2013 under Sections 354/498-A/506/34 IPC registered at Police Station Hari Nagar is quashed against petitioner No.1 and his relatives i.e. petitioner nos. 2 to 5. Affidavit of respondent No.2 is on record at page No. 42.

Keeping in mind the settlement arrived at between petitioner no.1 and respondent No.2, 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 against the petitioners.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

OCTOBER 08, 2018 neelam