High Court of DelhiCRL.M.C./5516/2018

Himanshu Wadhwa & ORS. v. State & ANR.

2018-10-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~33 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5516/2018, CRL MA 35252-253/2018 HIMANSHU WADHWA & ORS.

..... Petitioners Through Mr. Rohit Tyagi & Mr. Varun Mittal, Advs versus STATE & ANR.

..... Respondents Through Mr. Izhar Ahmad, APP for State.

ASI Kanwar Singh, PS Moti Nagar Mr. Anuj Arora, Adv for R-2 with R2 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. Kanika Wadhwa 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, Family Courts, West District, Tis Hazari Courts, Delhi on 2nd 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 6th September, 2018 passed by the Family Courts, West District, Tis

Hazari Courts, Delhi.

Petitioner no.1 has paid `4,00,000/- 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 `12,00,000/- stands received by her and she has no objection in case FIR No. 433/2016 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 to 4.

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 applications are disposed of as infructuous. Dasti. A.K. PATHAK, J OCTOBER 30, 2018 sm