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High Court of DelhiCRL.M.C./5534/2017

Subhash & ORS v. State (Gnct Of Delhi) & ANR

2018-07-26Hon'Ble Mr. Justice A.K. Pathak2 pages

$~31 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5534/2017 SUBHASH & ORS ..... Petitioners Through Ms.Gizala A. Hashmi, Adv.

versus STATE (GNCT OF DELHI) & ANR ..... Respondents Through Ms.Aashaa Tiwari, APP.

SI Prem Kumar PS Sangam Vihar.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.07.2018 Crl. M.A.21494/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. Crl.M.C.5534/2017 Respondent no.2 is present in Court along with her counsel, who accepts notice. Respondent no.2 has been identified by SI Prem Kumar of police station Sangam Vihar.

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 before the Counselling Cell dated 01.07.2015. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual

consent dated 30.04.2016 passed by the Principal Judge, Family Court, South, Saket, New Delhi.

Petitioner no.1 has paid `40,000/- to the respondent no. 2 by demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that with this payment entire settled amount of `1 lac stands paid and she has no objection in case FIR No. 605/2014 under Sections 498A/406/34 IPC registered at police station Sangam Vihar and the consequent proceedings emanating therefrom are quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 6.

Keeping in mind the settlement arrived at between the parties 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 JULY 26, 2018 ab