Bhupinder Birdi v. The State ( NCT Of Delhi) & ANR
$~57 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6105/2018 BHUPINDER BIRDI ..... Petitioner Through:
Mr.
Vikas Bhatia, Adv.
with petitioner in person.
versus THE STATE ( NCT OF DELHI) & ANR ..... Respondents Through:
Ms. Aashaa Tiwari, APP for State with SI Satybir Singh, P.S. Mianwali Nagar.
Mr. Vishal Soni, Adv. for R-2 along with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 03.12.2018 Notice. Learned APP accepts notice for respondent no.1. Respondent no.2-Ms. Tamanna Birdi is present in Court along with her counsel, who accepts notice. She has been identified by SI Satybir Singh of police station Mianwali Nagar.
Respondent no.2 submits that she has settled the matter with petitioner of her own free will and without any undue force, pressure or coercion vide Memorandum of Understanding dated 06.12.2017. Marriage between her and petitioner has already been dissolved by a decree of divorce by mutual consent on 09.01.2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.
Petitioner has paid `3 lacs to the
respondent no. 2 today in Court vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that with this payment entire settled amount of `10 lacs stands paid and she has no objection in case FIR No. 655/2015 under Section 324 IPC registered at police station Mainwali Nagar is quashed. Affidavit of respondent no.2 is also on record to this effect.
Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily and the fact that their marriage has already been dissolved by mutual consent, in my view, no fruitful purpose would be served to keep the present 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 application is disposed of as infructuous.
Dasti.
A.K. PATHAK, J.
DECEMBER 03, 2018 ga