High Court of DelhiCRL.M.C./5394/2017

Lalit Mohan & ORS. v. State & ORS.

2018-10-03Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5394/2017, CRL MA 21066/2017 LALIT MOHAN & ORS.

..... Petitioners Through Ms. Naomi Chandra, Advs versus STATE & ORS.

..... Respondents Through Mr. M S Oberoi, APP for State ASI Hawa Singh, PS Nihal Vihar Mr. Kuldeep Gola, Adv for R-3 with R-3 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.10.2018 Notice. Learned APP accepts notice on behalf of respondent no.1/State. Respondent no.3-Sonia Narula ne Sonia Narang is present in Court along with her counsel, who accepts notice. She has been identified by ASI Hawa Singh of police station Nihal 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 Delhi Mediation Centre, Rohini District Courts, Delhi vide Settlement / Agreement dated 21st September, 2016. 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 26th August, 2017 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi. Petitioner no. 1 has

paid `1,00,000/- to the respondent no. 2 by way of demand draft, photocopy whereof is on record. Respondent no. 2 says that with this payment, entire settled amount of `2,50,000/- stands paid to her. Respondent no. 2 further submits that in view of the settlement, she has no objection in case FIR No.83/2008 under sections 498A/406/34 IPC registered at police station Nihal Vihar is quashed against the petitioner no.1 and his relatives, that is, petitioner nos.2 and 3. 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 OCTOBER 03, 2018 sm