Ram Dulare & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5054/2018 RAM DULARE & ORS ..... Petitioners Through Ms. Sindhu & Mr. Hitender Sakkarwal, Advs versus STATE & ANR ..... Respondents Through Mr. M S Oberoil APP for State ASI Jai Kishan, PS Mangol Puri Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.10.2018 Notice. Learned APP accepts notice on behalf of respondent no.1/State. Respondent no.2-Sunita Kumari is present in Court, who accepts notice. She has been identified by ASI Jai Kishan of police station Mangol Puri.

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 Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement / Agreement dated 6th July, 2017.

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 21st March, 2018 passed by the Family Courts, North-West District, Rohini Courts, Delhi. Petitioner no. 1 has paid `50,000/- to the respondent no. 2 by way of demand draft, photocopy whereof is on record. Respondent no. 2 says that with this payment,

entire settled amount of `2,00,000/- stands paid to her. Respondent no. 2 further submits that in view of the settlement, she has no objection in case FIR No.340/2008 under sections 498A/406/34 IPC registered at police station Mangol Puri is quashed against the petitioner no.1 and his relatives, that is, petitioner nos.2 to 5. 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 03, 2018 sm