Ashish Paliwal & ANR v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 179/2017 & Crl.M.A.1081/2017 ASHISH PALIWAL & ANR ..... Petitioners Through :

Mr.

Dona Dutta and Mr.

S.

C.

Malhotra, Advs.

versus STATE OF DELHI & ANR ..... Respondents Through :

Mr. Ashish Aggarwal, ASC for R-1 with Shyam Sunder PS Dwarka.

Mr. Navneet Sharma and Mr. Kapil Kumar, Advs. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 20.01.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes before the Mediation Centre, Dwarka Courts, Delhi on 22nd February, 2016.

It is prayed that FIR be quashed.

Respondent no.2 is present in Court and admits having settled the matter with petitioner no.1. Petitioner no.2 is relative of petitioner no.1. Respondent no.2 further admits that marriage between them has already been dissolved by decree of divorce by mutual consent dated 28th November, 2016 by Family Courts, Dwarka Courts, Delhi. Respondent no.2 also admits having received `9 Lacs out of settled amount of `14 Lacs. Remaining settled amount of `5 Lacs has been

paid by petitioner no.1 to respondent no.2 vide demand draft no.010591 dated 3rd January, 2017 for `5 Lacs drawn at IDFC Bank, Gurgaon Golf. She submits that she has no objection in case FIR is quashed. Keeping in mind the settlement arrived at between respondent no.2 and petitioner no.1 and that marriage between them has already been dissolved by decree of divorce by mutual consent and the entire settled amount has been received, in the interest of justice, FIR No.132/2015 under Sections 498A/406/34 IPC registered at police station Dwarka Sector-23 is quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JANUARY 20, 2017/dk