Shri Bheeru Raghvendera & ORS. v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6199/2018 and Crl. M.A. no. 49046/2018 SHRI BHEERU RAGHVENDERA & ORS.
..... Petitioners Through Ms.
Varsha Choudhary and Mr.
Sachin Aggarwal, Advs.
with petitioners in person versus STATE & ANR.
..... Respondents Through Mr.
Izhar Ahmad, APP with SI Kuldeep, P.S. Bharat Nagar Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 06.12.2018 Notice.
Learned APP accepts notice for respondent no. 1.
Respondent no.2 Ms. Dimple is present in Court and accepts notice. She has been identified by SI Kuldeep of police station Bharat Nagar. 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. Earlier an agreement was arrived at between the respondent no. 2 and petitioner no. 1 on 8th March, 2018 before the Delhi Mediation Centre, Rohini District Courts, Delhi.
Since timeline as stipulated in the
Settlement/Agreement executed before the Mediation Centre were not complied with; therefore, another Agreement/Settlement Deed dated 4th September, 2018 was executed between the parties. Petitioner no. 1 says that he has accepted the ex-parte decree of divorce dated 19th February, 2018 passed by the Family Court, Rohini Courts, Delhi on the petition of respondent no. 2. Respondent no. 2 says that she has received the entire settled amount of `6,00,000/- and she has no objection in case FIR no.32/2009 under Sections 498-A/406/34 IPC registered at Police Station Bharat Nagar and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no. 2 to this effect is also on record. 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 06, 2018/r.bararia