Amit Sharma v. The State & ANR

cC Signed By:RAM DATT Certify that the digital and physical file have been compared and the digital data is as per the physical file and no page is missing.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5361/2018 AMIT SHARMA Petitioner Through Mr. Arun Kumar Tewari, Adv.

versus THE STATE & ANR Respondents Through Dr. M.P. Singh, APP with ASI Hawa Singh, P.S. Nihal Vihar Respondent no. 2 in person AND CRL.M.C. 3555/2018 and Crl. M.A. nos. 34625-26/2018 AMIT SHARMA & ORS Petitioners Through Mr. Arun Kumar Tewari, Adv.

versus THE STATE & ANR Respondents Through Dr. M.P. Singh, APP with ASI Hawa Singh, P.S. Nihal Vihar Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

ORDER

% 16.11.2018 Notice.

Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Sonia Sharma is present in Court and accepts notice.

She has been identified by ASI Hawa Singh of police station Nihal Vihar. 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 National Lok Adalat on 8'^ April, 2017 held at Dwarka Court Complex, New Delhi. Cost of ^5,000/- has been paid by the petitioner no. 1 to respondent no. 2. Respondent no. 2 submits that her marriage with petitioner no.l has already been dissolved by a decree of divorce by mutual consent dated 23'^'' December, 2017 passed by the Family Courts, South-West District, Dwarka Courts, New Delhi. Petitioner no. 1 has paid ^2,00,000/- to the respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record. Respondent no. 2 says that she has received the entire settled amount and she has no objection in case FIR no. 648/2014 under Sections 323/342/506 IPC and FIR no. 142/2015 under Sections 498-A/406/34 IPC , both registered at Police Station Nihal Vihar and consequent proceedings emanating therefrom are quashed against the petitioners.

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 FIRs and consequent proceedings emanating, therefrom are quashed.

Both the petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti. .K. pimikK, j.

NOVEMBER 16, 2018 r. bararia V