Sandeep Saini & ORS v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5524/2018 & CRL MA 35292/2018 SANDEEP SAINI & ORS ..... Petitioners Through Ms. Kalpana, Adv versus STATE & ANR ..... Respondents Through Mr. Izhar Ahmad, APP for State.

ASI Kanwar singh, PS Moti Nagar Mr. Pradeep Sharma, Adv for R-2 with R -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-Ms. Rakhi Saini is present in Court along with her counsel and accepts notice. She has been identified by ASI Kanwar Singh of police station Moti Nagar.

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 Counselling Cell, West District, Tis Hazari Courts, Delhi on 23rd May, 2018. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 1st September, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.

Petitioner no.1 has paid `1,50,000/- to 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 `5,00,000/- stands received by her and she has no objection in case FIR No. 153/2011 under Sections 498-A/406/34 IPC registered at Police Station Moti Nagar and consequent proceedings emanating therefrom are 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 30, 2018 sm