High Court of DelhiCRL.M.C./5108/2017

Sunil Kumar & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-10-25Hon'Ble Mr. Justice A.K. Pathak2 pages

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5108/2017 SUNIL KUMAR & ORS ..... Petitioners Through Mr. Anurag Jain, Adv versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Izhar Ahmad, APP for State SI Vishal, PS Ambedkar Nagar Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE YOGESH KHANNA

O R D E R

% 25.10.2018 Respondent no.2-Neetu is present in Court and accepts notice. She has been identified by SI Vishal of police station Ambedkar Nagar. FIR No.316/2014 under Sections 498A/406/34 IPC was registered at police station Ambedkar Nagar on the complaint of respondent no.2. It is submitted respondent no.2 also filed a complaint under section 12 of the DV Act against petitioner nos. 1 to 4 and a petition under section 125 Cr.P.C. against petitioner no.1. Now that the parties have settled their disputes amicably vide Memorandum of Understanding / Settlement Deed dated 23rd July, 2016, so consequently, respondent no.2 has withdrawn her complaint under section 12 of the DV Act against the petitioners no. 1 to 4 and also petition under section 125 Cr.P.C. against petitioner no.1.

Respondent no.2 submits that she has settled the matter with petitioner no.1 of her own free will and without any undue force, pressure or coercion vide Memorandum of Understanding / Settlement Deed dated 23rd July, 2016. Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 18th May, 2017 passed by the Family Courts, South District, Saket Courts, Delhi. She further submits that she has already received entire settled amount of ₹ 1lac from petitioner no. 1 and has no objection in case the aforesaid FIR and the consequent proceedings are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos.2 to 8.

Keeping in mind the settlement arrived at between petitioner no.1 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 the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. YOGESH KHANNA, J.

OCTOBER 25, 2018 sm