High Court of DelhiCRL.M.C./5966/2018

Nikhil Chhabra & ORS. v. State & ANR.

2018-11-28Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5966/2018 NIKHIL CHHABRA & ORS.

..... Petitioners Through:

Mr. Varun Mittal, Mr. Sahil Munjal and Mr. Kunal Mittal, Advs.

versus STATE & ANR.

..... Respondents Through:

Mr. Izhar Ahmad, APP for State with SI Dinesh Chandra, P.S.

Keshav Puram.

Mr. Surjeet Singh and Mr. Ravinder Pratap Singh, Advs. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.11.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Ms. Pooja Chhabra is present in Court along with her counsel, who accepts notice.

She has been identified by SI Dinesh Chandra of police station Keshav Puram.

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 before the Delhi Mediation Centre, Rohini Court, New Delhi on 07.09.2018. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 15.11.2018 passed by the Family Courts, North -West District, Rohini Court, New Delhi. Petitioner

no. 1 has paid `20 lacs to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment entire settled amount of `58 lacs stands paid and she has no objection in case FIR No. 688/2016 under Sections 498A/406/34 IPC registered at police station Keshav Puram is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 in this regard is on record. Keeping in mind the settlement arrived at between 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. Miscellaneous applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

NOVEMBER 28, 2018 ga