Sunil Kamra & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4128/2017 & Crl. M.A. no. 16562/2017 SUNIL KAMRA & ORS.

..... Petitioners Through Mr. Mukesh Sachdeva, Adv. with petitioners in person versus STATE & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with ASI Ram Niwas, P.S. Binda Pur for respondent no. 1 Mr. Anil Garg, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.10.2017 Respondent no. 2 is present in Court along with her counsel and has been identified by ASI Ram Niwas, P.S. Binda Pur. Respondent no. 2 admits having settled the matter with the petitioner no. 1 before the Delhi High Court Mediation and Conciliation Centre on 3rd May, 2016, vide a Settlement Agreement Annexure P-1. She says that she has now settled the matter with the petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion.

She admits having received the entire settled amount from the petitioner no. 1. Respondent no. 2 further

submits that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent on 17th February, 2017 passed by the Family Courts, Dwarka, New Delhi. Respondent no. 2 further submits that she is not willing to pursue the FIR any further against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 9 in view of the settlement. Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No. 59/2012 under Sections 498-A/406/34 IPC registered at Police Station Binda Pur 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 11, 2017 r.bararia