Mukesh Sharma & ORS v. The State ( Gnct) Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5567/2018 MUKESH SHARMA & ORS ..... Petitioners Through:

Mr. Bimlesh Kr. Babal, Adv.

versus THE STATE ( GNCT OF DELHI) & ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with ASI Ram Lakhan, P.S. Roop Nagar.

Ms. Pragya Singh, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.10.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2 is present in Court along with her counsel, who accepts notice. She has been identified by SI Ram Lakhan of police station Roop Nagar. It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes vide Memorandum of Settlement/Compromise Deed dated 07.12.2016.

Their marriage has already been dissolved by a decree of divorce by mutual consent dated 05.07.2018 passed by the Family Courts, Central District, Tis Hazari Court, Delhi. Petitioner no.1 has paid `2 lacs (`1.65 lacs through demand draft & `35,000/- cash) to respondent no.2 today in Court.

Respondent no. 2 submits that with this payment entire

settled amount, i.e., `10 lacs stands paid and she has no objection in case FIR No. 320/2015 under Sections 498A/406/34 IPC registered at police station Roop Nagar and the consequent proceedings emanating therefrom are quashed against petitioner no.1 and his relatives, that is, petitioner nos. 2 to 8.

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 31, 2018 ga