High Court of DelhiW.P.(CRL)/93/2017

Rajesh Tiwari v. The State & ANR.

2017-01-11Hon'Ble Mr. Justice A.K. Pathak4 pages

$~46 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 93/2017 RAJESH TIWARI ..... Petitioner Through :Mr.

Ghanshyam Yadav and Ms.

Monika, Advs.

with petitioner in person.

versus THE STATE & ANR.

..... Respondents Through :Mr. Sanjay Lao, ASC with Mr.

Siddharth Sindhu, Adv. & SI Ranveer Mavi, P.S. New Ashok Nagar for respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.01.2017 It is submitted that petitioner and respondent no. 2 have settled their disputes amicably. Respondent no. 2 is present in Court and submits that she is not willing to pursue the FIR any further, in view of the settlement. Statements of respondent no. 2 and petitioner have been recorded on oath. They shall remain bound by their statements. I am satisfied that petitioner and respondent no. 2 have settled their disputes of their own free will and without undue force, pressure or coercion.

In view of the settlement arrived at between the petitioner and

respondent no. 2, in the interest of justice, FIR No. 572/2010 under Sections 498-A /406 IPC registered at P.S. New Ashok Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti.

Statement of Smt. Swati Dwivedi W/o Sh. Rajesh Tiwari, R/o 4-A, Gopal Nagar, Kanpur, U.P. and presently staying at House no. A-508, MOD Apartment, Vashundhra Enclave, Delhi On S.A Petitioner Mr. Rajesh Tiwari is my husband. I lodged an FIR No. 572/2010 under Sections 498-A /406 IPC at PS New Ashok Nagar. I was married with petitioner on 12.4.2007 at Arya Samaj Mandir, Vijay Nagar Kanpur. Since 10.9.2009 I am not living with my husband and is living separately at Kanpur. I have settled the matter with petitioner of my own free will and without undue force, pressure or coercion. We have decided to part ways. Necessary steps would be taken in due course for dissolving the marriage. Aforesaid FIR may be quashed.

R.O. & A.C.

Statement of Sh. Rajesh Tiwari S/o Sh. Om Prakash Tiwari R/o H.No. 104, Gandhi Gram, P.S. Chakeri, Kanpur, UP On S.A.

I have heard statement of my wife Smt. Swati Dwivedi. Settlement has been arrived at between us. I will cooperate the respondent no. 2 in getting the marriage dissolved by a decree of divorce my mutual consent. R.O. & A.C.