Kamal Kanojiya & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5010/2018 KAMAL KANOJIYA & ORS.

..... Petitioners Through:

Ms. Jyoti Gupta, Adv.

versus STATE & ANR.

..... Respondents Through:

Mr. Izhar Ahmad, APP for State with SI Vipin Teotia, P.S. Kalyanpuri.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.10.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court and has been identified by SI Vipin Teotia of police station Kalyanpuri.

It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably, inasmuch as, their marriage has already been dissolved by a decree of divorce by mutual consent on 26.03.2018 passed by the Family Courts, East District, Karkardooma Courts, Delhi. Petitioner no.1 has paid `2 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., `4 lacs stands paid and she has no objection in case FIR No. 283/2004 under Sections 498A/406/34 IPC

registered at police station Kalyanpuri and the consequent proceedings emanating therefrom are quashed against petitioner no.1 and his relatives, that is, petitioner nos. 2 to 9. Affidavit of respondent no.2, in this regard, is already 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. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

OCTOBER 30, 2018 ga