High Court of DelhiCRL.M.C./5680/2018

Kunwar Pal Singh & ORS. v. State ( NCT Of Delhi )& ANR.

2018-11-13Hon'Ble Mr. Justice A.K. Pathak2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5680/2018 & CRL MA 35903/2018 KUNWAR PAL SINGH & ORS.

..... Petitioners Through Mr. Nishant Kumar, Proxy Adv versus STATE ( NCT OF DELHI )& ANR.

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

SI Nepal Singh, PS Fatehpur Beri Mr. Bhushan Pawar, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.11.2018 Notice.

Learned APP accepts notice for respondent no. 1. Respondent no.2 Smt. Sangeeta is present in Court along with her counsel and has been identified by SI Nepal Singh of police station Fatehpur Beri.

Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion before Mediation Centre, Saket Courts, New Delhi on 25th May, 2017. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 23rd March, 2018 passed by the Family Court, North-East District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `2,00,000/- to the respondent no. 2, vide a

demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `6,00,000/- stands paid with this payment and she has no objection in case FIR no. 242/2016 under Sections 498-A/406/34 IPC registered at Police Station Fatehpur Beri and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6.

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 NOVEMBER 13, 2018 sm