Rajiv Abrol & ORS v. The State Govt Of NCT Of Delhi & ANR

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2323/2018 and Crl. M.A. nos. 8262-63/2018 RAJIV ABROL & ORS ..... Petitioners Through Mr.

Vinod Khanna, Adv.

with petitioners in person versus THE STATE GOVT OF NCT OF DELHI & ANR.... Respondents Through Ms.

Aashaa Tiwari, APP with ASI Shambhu Singh, P.S. Mianwali Nagar Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 06.09.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Seema is present in Court and accepts notice. She has been identified by ASI Shambhu Singh of police station Mianwali 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 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 6th June, 2015.

Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent

dated 23rd September, 2016 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `3,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Petitioner no. 1 has also paid `10,000/- to respondent no. 2 towards costs, vide a demand draft. Respondent no. 2 says that entire settled amount stands paid with this payment and she has no objection in case FIR no. 598/2014 under Sections 498-A/406/34 IPC registered at Police Station Mianwali Nagar and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. 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, subject to encashment of the demand draft. Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

SEPTEMBER 06, 2018 r.bararia