Hitesh Kr. Bhardwaj & ORS. v. State & ANR
$~36 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 6309/2018 and Crl. M.A. no. 49467/2018 HITESH KR. BHARDWAJ & ORS.
..... Petitioners Through Mr. Chander Nigam, Adv.
versus STATE & ANR ..... Respondents Through Mr. Izhar Ahmad, APP with SI Rahul Sagar, P.S. Seema Puri Mr.
Shankar Prasad, Adv.
with respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 12.12.2018 Notice.
Learned APP accepts notice for respondent no. 1.
Respondent no.2 Ms. Chetna Sharma is present in Court along with her counsel and accepts notice. She has been identified by SI Rahul Sagar of police station Seema Puri.
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 Counselling Cell, Family Courts, Shahdara District, Karkardooma Courts, Delhi on 16th December, 2017. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by
a decree of divorce by mutual consent dated 3rd November, 2018 passed by the Family Courts, Shahdara District, Karkardooma Courts, Delhi.
Petitioner no. 1 has paid `1,75,000/- to the respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record.
Respondent no. 2 says that entire settled amount of `5,25,000/- stands paid with this payment and she has no objection in case FIR no.660/2016 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Seema Puri and consequent proceedings emanating therefrom are quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6.
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 12, 2018 r.bararia