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High Court of DelhiCRL.M.C./43/2018

Deepak Chandra Phulara v. The State Govt Of NCT Of Delhi & ANR

2018-01-05Hon'Ble Mr. Justice A.K. Pathak2 pages

$~23 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 43/2018 DEEPAK CHANDRA PHULARA & ORS.

..... Petitioners Through:

Mr. Mohit Kumar, Adv. with petitioner no.1 in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. G.M. Farooqui, APP with ASI Balwant Singh, P.S.

CAW Cell, Nanakpura.

Ms. Naina Kejriwal, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.01.2018 Respondent no.2-Ms. Jyoti Joshi is present in Court along with her counsel and has been identified by SI Balwant Singh of Crime Against Women Cell, Nanakpura. Respondent no.2 submits that she has settled the matter with the petitioner no.1 before the Counselling Cell, Family Court, Dwarka, New Delhi on 14th March, 2017 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 14th October, 2017 by the Family Court, Dwarka, New Delhi. Petitioner no.1 has paid `1 lac to the respondent no.2 today in Court

vide demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that entire settled amount, that is, `3 lacs stands paid with this payment and she has no objection in quashing of the FIR against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 5. Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent and respondent no.2 has no objection in quashing of the FIR, in the interest of justice, FIR No. 206/2016 under Sections 498A/406/34 IPC registered at police station Crime Against 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 05, 2018 ga