Sachin Bhardwaj & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 6449/2018 and Crl. M.A. nos. 50008-09/2018 SACHIN BHARDWAJ & ORS ..... Petitioners Through Mr. Amandeep Soni, Adv.

versus STATE & ANR ..... Respondents Through Mr. Mukesh Kumar, APP with SI Ashish Kumar, P.S. Bhajan Pura Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.12.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Sweta Kaushik is present in Court and accepts notice. She has been identified by SI Ashish Kumar of police Bhajan Pura. 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, vide a Settlement Deed dated 25th July, 2016. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 4th February, 2017 passed by the Family Courts, Mujaffarnagar, U.P. Respondent no. 2 says that she has

already received the entire settled amount of `5,50,000/- and she has no objection in case the FIR no. 261/2016 under Sections 498-A/406/34 IPC registered at Police Station Bhajan Pura is quashed against petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 7. Affidavit of respondent no. 2 to this effect is on record.

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 applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

DECEMBER 18, 2018 r.bararia