Shri Nishant Prkash Jain & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5164/2018 SHRI NISHANT PRKASH JAIN & ORS.

..... Petitioners Through:

Mr.

Manish Gupta, Adv.

with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Izhar Ahmad, APP with SI Shiv Kumar, P.S. Rani Bagh.

Mr. Apoorv Gupta, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.10.2018 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 SI Shiv Kumar of police station Rani Bagh. It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes before the Counselling Cell, Family Court, North West District, Rohini Courts, New Delhi on 09.05.2017. The marriage between petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 17.02.2018 passed by the Family Courts, North West District, Rohini Courts, New Delhi. Petitioner no.1 has paid `1.50 lacs to respondent no.2 today in Court vide a demand draft, photocopy

whereof has been placed on record.

Respondent no. 2 submits that with this payment entire settled amount, i.e., `5.25 lacs stands paid and she has no objection in case FIR No. 40/2013 under Sections 498A/406/506/34 IPC registered at police station Rani Bagh and the consequent proceedings emanating therefrom 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, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

OCTOBER 29, 2018 ga