Rakesh Kumar v. State & ANR

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4251/2017 RAKESH KUMAR ..... Petitioner Through Mr. Arvind Kumar Singh, Adv.

versus STATE & ANR ..... Respondents Through Mr. M. S. Oberoi, APP with SI Pawan Kumar, P.S. Vijay Vihar for the State Mr.

Naman Chhabra, Adv.

for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.01.2018 Respondent no. 2 Ms. Neha is present along with her counsel and has been identified by SI Pawan Kumar of Police Station Vijay Vihar. Respondent no. 2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion, vide a Settlement Deed dated 4th May, 2017.

Respondent no. 2 says that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent on 16th December, 2017 passed by the Family Courts, North-West District, Rohini Courts, Delhi.

Petitioner has paid `1,00,000/- to the respondent no. 2 towards the balance settled amount, vide a demand

draft, photocopy whereof has been placed on record. Respondent no. 2 submits that entire settled amount of `4,00,000/- stands paid with this payment.

Respondent no. 2 submits that she has no objection in case FIR may be quashed.

Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, FIR No.107/2017 under Sections 498-A/406/34 IPC registered at Police Station Vijay Vihar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JANUARY 19, 2018 r.bararia