Ajit Kumar Menon & ORS. v. State & ANR.

$~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5282/2018, CRL.M.A. 34323/2018 AJIT KUMAR MENON & ORS.

..... Petitioners Through Mr. Rajeev Kumar Rai, Adv versus STATE & ANR.

..... Respondents Through Mr. M S Oberoi, APP for State SI Pramod Kumar, PS Sangam Vihar Mr. R N Tadav, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.10.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Radha is present in Court along with her counsel and accepts notice. She has been identified by SI Pramod Kumar of police station Sangam Vihar.

Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Family Court, South District, Saket Court, Delhi on 4th September, 2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 19.04.2018 passed by the Family Court, South District, Saket Court, Delhi. Petitioner no. 1 has paid `4,00,000/- to the respondent no. 2 today in Court vide a demand draft, photocopy whereof has been

placed on record. Respondent no. 2 says that entire settled amount stands received by her and she has no objection in case FIR No.116/2017 under Sections 498A/406/34 IPC registered at police station Sangam Vihar is quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 8.

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 15, 2018 sm