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High Court of DelhiCRL.M.C./5076/2018

Susheel Khanna & ORS. v. State & ANR.

2018-10-04Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5076/2018, CRL MA 33528/2018 SUSHEEL KHANNA & ORS.

..... Petitioners Through Mr. Rahul Chaudhary, Adv versus STATE & ANR.

..... Respondents Through Ms. Kusum Dhalla, APP for State ASI Chandar Pal Singh, PS Farsh Bazar Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.10.2018 Notice. Learned APP accepts notice on behalf of respondent no.1/State. Respondent no.2-Geetanjali is present in Court and accepts notice. She has been identified by ASI Chandar Pal Singh of police station Farsh Bazar.

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 Counselling Cell, Karkardooma Courts, Delhi vide Settlement Deed dated 16th January, 2018. 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 11th July, 2018 passed by the Family Courts, Shahadra District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid

`1,50,000/- 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 stands paid to her. Respondent no. 2 further submits that in view of the settlement, she has no objection in case FIR No.259/2017 under sections 498A/406/34 IPC registered at police station Farsh Bazar is quashed against the petitioner no.1 and his relatives, that is, petitioner nos.2 and 3. 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.

Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J OCTOBER 04, 2018 sm