Anshuman & ORS. v. State & ORS.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6295/2018 ANSHUMAN & ORS.

..... Petitioners Through:

Mr. Abhishek Ranjan, Adv.

versus STATE & ORS.

..... Respondents Through:

Mr. Izhar Ahmad, APP for State with ASI Nasir Abbas, P.S. Madhu Vihar.

Mr. Tanvir Khan and Mr. Raghib Ayyur, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.12.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2-Ms. Poonam is present in Court along with her counsel, who accepts notice. She has been identified by ASI Nasir Abbas of police station Madhu Vihar.

Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion, vide a Memorandum of Understanding dated 03.08.2017. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 23.05.2018 passed by the Family Courts, Shahdara District, Karkardooma Court, Delhi.

Respondent no.2 further

submits that she has no objection in case FIR No. 435/2016 under Sections 498A/406/34 IPC registered at police station Madhu Vihar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Her affidavit in this regard is also on record. 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.

DECEMBER 12, 2018 ga