Akshay Sharma @ Akshay & ORS v. State ( NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6211/2018 and Crl. M.A. no. 49093/2018 AKSHAY SHARMA @ AKSHAY & ORS ..... Petitioners Through Mr. Vikram Dua, Adv.

versus STATE ( NCT OF DELHI) & ANR ..... Respondents Through Dr. M.P. Singh, APP with SI Anurag Tyagi, P.S. Sarai Rohilla Ms.Namita Dandora, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.12.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Divya Sharma is present in Court along with her counsel and accepts notice. She has been identified by SI Anurag Tyagi of police station Sarai Rohilla.

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 Delhi High Court Mediation and Conciliation Centre on 6th July, 2018. Respondent no. 2 further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual

consent dated 18th September, 2018 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `3,00,000/- 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 `10,00,000/- stands paid with this payment and she has no objection in case FIR no.591/2016 under Sections 498-A/406/34 IPC registered at Police Station Sarai Rohilla and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4.

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 07, 2018 r.bararia