High Court of DelhiCRL.M.C./6259/2018

Sh. Krishan Mohan Vyas & ORS. v. State & ANR.

2018-12-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6259/2018 and Crl. M.A. no. 49298/2018 SH. KRISHAN MOHAN VYAS & ORS.

..... Petitioners Through Mr. Pawan Sharma and Mr. Akash Kaushik, Advs.

versus STATE & ANR.

..... Respondents Through Dr. M.P. Singh, APP with SI Talib Chaudhary, P.S. Mansarovar Park Mr.

Kapil Choudhary, Adv.

with complainant

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.12.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Amita Sharma is present in Court along with her counsel and accepts notice. She has been identified by SI Talib Chaudhary of police station Mansarovar Park.

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 a Memorandum of Understanding dated 21st September, 2017. Respondent no. 2 submits that her marriage with petitioner no.1 has

already been dissolved by a decree of divorce by mutual consent dated 1st June, 2018 passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `5,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `9,00,000/- stands paid with this payment and she has no objection in case FIR no.350/2015 under Sections 307/498-A/34 IPC registered at Police Station Mansarovar Park and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. 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.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

DECEMBER 11, 2018 r.bararia