Virender Kaur v. State & ORS

$~20 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5328/2017 and Crl. M.A. no. 20859/2017 (stay) VIRENDER KAUR ..... Petitioner Through Ms. Suman Chauhan and Ms. Aditi Tyagi, Advs.

versus STATE & ORS ..... Respondents Through Mr.

M.S.

Oberoi, APP with SI Pramod Kumar, P.S. Shalimar Bagh, Delhi Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.11.2018 Notice could not be issued to respondent no. 2 as process fee was not filed. However, respondent no.2 Ms. Simerjit Kaur is present in Court and accepts notice.

She has been identified by SI Pramod Kumar of police station Shalimar Bagh.

Respondent no.2 submits that she has settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre on 30th May, 2016. Respondent no. 2 says that she has settled the matter with petitioner keeping in mind that

she is a senior citizen and is not keeping good health. She says that she has not settled the matter with respondent no. 3 Rupinder Singh. Learned APP points out that respondent no. 3 is absconding and has been declared proclaimed offender by the trial court.

Respondent no. 2 says that she has no objection in case FIR no.827/2002 under Sections 498-A/406/34 IPC Police Station Shalimar Bagh and consequent proceedings emanating therefrom are quashed against the petitioner.

Keeping in mind the settlement arrived at between the petitioner and respondent no. 2 voluntarily before the Mediation Centre, 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 qua the petitioner. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

NOVEMBER 12, 2018 r.bararia