Ashish Khatri v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5532/2017 & Crl. M.A. No. 21491/2017 ASHISH KHATRI ..... Petitioner Through Mr. Rakesh Kansal, Mr. Shubham Kansal and Ms. Neelam Punchal, Advs.

Versus

STATE & ORS.

..... Respondents Through Ms. Meenakshi Dahiya, APP with ASI Aman Kumar, P.S.

Crime (Women) Cell, Nanak Pura for the State Mr. S.B. Singh, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.01.2018 On the oral prayer made by the learned counsel for petitioner, coaccused Shri Nathu Mal and Smt. Nirmala are impleaded as respondent nos. 3 and 4. Amended memo of parties be filed during the course of the day. Respondent nos. 3 and 4 are parents of petitioner. It is submitted that matter has been settled between the petitioner and respondent no. 2; therefore, FIR No. 34/2016 under Sections 498-A/406/34 IPC registered at

Police Station Crime (Women) Cell Nanak Pura on the complaint of respondent no. 2, may be quashed.

Respondent no. 2 Ms. Prerna Khatri is present in Court along with her counsel and has been identified by ASI Aman Kumar of police station Crime (Women) Cell, Nanak Pura. 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. Respondent no. 2 says that her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent on 14th September, 2017 passed by the Family Courts, Agra. Petitioner has paid `2.25 lacs to the respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that entire settled amount of `5.75 lacs stands paid with this payment. Respondent no. 2 further submits that she has no objection in case FIR is quashed against the petitioner and his relatives, that is, respondent nos. 3 and 4.

It is noted that Settlement Deed/Additional Memorandum of Understanding/Compromise Deed dated 18th August, 2017 have been placed on record.

Keeping in view the settlement arrived at between the parties and that marriage between the petitioner and respondent no. 2 has already been

dissolved, no fruitful purpose would be served to keep the criminal proceedings pending.

Accordingly, in the interest of justice, FIR No. 34/2016 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell Nanak Pura and the 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.

JANUARY 30, 2018 r.bararia