Shri Bijender Kumar Wahal & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4950/2018, CRL MA 33082/2018 SHRI BIJENDER KUMAR WAHAL & ORS.

..... Petitioners Through Ms. Deepika Madan, Adv versus STATE & ANR.

..... Respondents Through Mr. M S Oberoi, APP for State SI Dharmender Kumar, PS Shahadra R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.09.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Pooja Wahal is present in Court and accepts notice. She has been identified by SI Dharmender Kumar of police station Shahadra.

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 Delhi Mediation Centre, Karkardooma Courts, Delhi on 3rd February, 2016. Respondent no. 2 further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 24th July, 2018 passed by the Family Courts, (Shahadra ) Karkardooma Courts, Delhi. Respondent no. 2 says that entire settled amount of `8 lakhs stands received by her and she has no objection in case FIR

No.173/2014 under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Shahadra and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6. Affidavit of respondent no.3 to this effect is on record at page no.33. 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 consequent proceedings emanating therefrom are quashed against the petitioners.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J SEPTEMBER 27, 2018 sm