Achal Nagpal & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4829/2017 ACHAL NAGPAL & ORS ..... Petitioners Through Mr.Ranbir Sharma, Adv.

versus STATE & ANR ..... Respondents Through Mr.Izhar Ahmad, APP.

SI Arun Kumar PS Tilak Nagar.

Mr.Atul Kumar, Adv. with Mr.Abhimanyu Sharma, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 31.07.2018 Crl. M.A.19231/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. Crl. M.A.19232/2017 (delay) Delay condoned.

Application is disposed of.

Crl.M.C.4829/2017 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Geetanjali is present in Court along with her counsel and has been identified by SI Arun Kumar of police station Tilak Nagar. 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 Settlement Deed dated 24.09.2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 22.04.2017 passed by the Principal Judge, Family Courts, South West District, Dwarka Courts, New Delhi. Respondent no. 2 says that she has received the entire settled amount and she has no objection in case FIR No. 459/2012 under Sections 498-A/406/34 IPC registered at police station Tilak Nagar and the consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his mother, that is, petitioner no. 2. 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. Dasti. A.K. PATHAK, J JULY 31, 2018 ab