Saurabh Gupta &ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5451/2018 SAURABH GUPTA &ORS ..... Petitioners Through:

Ms. Somya Singh, Adv.

versus THE STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Dharamvir Singh, P.S.

CWC Nanak Pura.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.02.2019 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Smt. Sushma Gupta is present in Court and has been identified by SI Dharamvir Singh of police station Crime (Women) Cell, Nanak Pura. 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. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 21.07.2018 passed by the Family Court, South District, Saket Court, Delhi. Petitioner no.1 has paid `3.60 lacs to respondent no.2 today in Court by a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment entire settled amount of `11.60 lacs stands paid and she has no

objection in case FIR No. 207/2016 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell, Nanak Pura and the consequent proceedings are quashed. Affidavit of respondent no. 2 to this effect is already on record.

Keeping in mind the settlement arrived at between 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.

Dasti.

A.K. PATHAK, J.

FEBRUARY 22, 2019 ga