Deepak Kumar & ORS v. State Of NCT Of Delhi & ANR

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 84/2017 DEEPAK KUMAR & ORS.

..... Petitioners Through : Mr. Dalip Kumar Santoshi, Adv.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through : Ms. Kamna Vohra, ASC with SI Sanjay Kumar, P.S. Shakarpur for respondent no. 1 Mr.

S.K.

Bhardwaj, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.01.2017 Crl. M.A. no. 440/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. W.P.(CRL) No. 84/2017 Petitioner nos. 2 and 3 are relatives of petitioner no. 1. Respondent no. 2 and petitioner no. 1 have settled their disputes amicably. Marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce dated 15th November, 2016 passed by the Family Court, East District, Delhi.

Respondent no. 2 is present in Court and

submits that she has already received the amount of `50,000/- out of the settled amount of `1,00,000/-. A cheque for `50,000/-, copy whereof has been placed on record, has been handed over by the petitioner no. 1 to respondent no. 2, which she has accepted, subject to its encashment. Respondent no. 2 further submits that she has no objection in case FIR is quashed.

Keeping in mind the settlement arrived at between the petitioner no. 1 and respondent no. 2 and that marriage of the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 1057/2014 under Sections 406/498-A/34 IPC registered at Police Station Shakarpur, which is at the investigation stage, is quashed, subject to, however, encashment of the cheque for `50,000/- handed over by the petitioner no.1 to respondent no. 2 in Court today. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JANUARY 11, 2017 rb