CRL.M.C./5097/2018 of SH. LOVKUSH & ANR. Vs THE STATE (NCT OF DELHI) & ANR.

*IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 5097/2018SH. LOVKUSH & ANR...... PetitionersThroughMr. Sundaram, Adv.

versus

THE STATE (NCT OF DELHI) & ANR...... RespondentsThroughMs. Neelam Sharma, APP with W/SIBirmati, P.S. Uttam NagarMr.M.K.Saroja,Adv.withrespondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%31.10.2018

Notice.Learned APPaccepts noticeforrespondent no. 1.Respondent no.2-Ms. Geeta is present in Court along with her counsel andaccepts notice. She has been identified by W/SI Birmati of police stationUttam Nagar.

Respondent no.2 submits that she has settled the matter with thepetitioner no. 1 of her own free will and without any undue force, pressureor coercion before the Counselling Cell, Family Courts, West District, TisHazari Courts, Delhi on 19[th]December, 2016. Respondent no. 2 submitsthat her marriage with petitioner no.1 has already been dissolved by decree

of divorce by mutual consent dated 13[th]September, 2017 passed by theFamily Courts, South-West District, Dwarka Courts, New Delhi. Petitionerno. 1 has paid `75,000/- to the respondent no. 2, vide demand draft,photocopy whereof has been placed on record. Respondent no. 2 says thatentire settled amount of `2,25,000/- stands paid with this payment and shehas no objection in case FIR no.238/2016 under Sections 498-A/406 IPCregistered at Police Station Uttam Nagar and consequent proceedingsemanating therefrom are quashed against the petitioners.

Keeping in mind the settlement arrived at between the petitioners andrespondent no. 2 voluntarily, in my view, no fruitful purpose would beserved to keep the criminal proceedings pending.Accordingly, in theinterest of justice, aforesaid FIR and consequent proceedings emanatingtherefrom are quashed.

Petition is disposed of in the above terms. Dasti.

OCTOBER 31, 2018

r.bararia

A.K. PATHAK, J.