Nitin Arora @ Lucky & ANR. v. State & ANR.
$~14 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5556/2018 NITIN ARORA @ LUCKY & ANR.
..... Petitioners Through Mr.Kartikay Sharma, Advocate.
versus STATE & ANR.
..... Respondents Through Ms.Manjeet Arya, APP.
SI Kaushik Ghosh, PS Shahdara.
Mr.Narender Kumar, Advocate for R-2 alongwith R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 19.12.2018 Crl.M.A.No.35418/2018 (Exemption) Allowed, subject to all just exceptions.
Crl.M.C.No.5556/2018 Respondent no.2-Ms. Cherry Arora @ Komal is present in Court along with her counsel.
She has been identified by SI Kaushik Ghosh, police station Shahdara.
Respondent no.2 submits that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 16th August, 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 15th December, 2018 passed by the Family Courts, Karkardooma, Delhi. Petitioner no. 1 has paid `5,00,000/- 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 `15,00,000/- stands paid with this payment and she has no objection in case FIR no. 383/2015 Sections 323/354/509 IPC registered at Police Station Shahdara and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his father, that is, petitioner nos. 2.
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. Dasti. A.K. PATHAK, J DECEMBER 19, 2018 mr