Sunil Kumar & ORS v. The State Gnctd & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2411/2019 SUNIL KUMAR & ORS ..... Petitioners Through Mr. Parveen Kumar Puhan, Advocate alongwith petitioners in person versus THE STATE GNCTD & ANR ..... Respondents Through Ms. Anu Singh, ASC for the State alongwith ASI Rakesh, P.S.:

Shahabad Dairy Mr. Hinu Mahajan, Mr. Dharam Vir Gautam and Mr. Yudhvir Singh Chauhan, Advocates for Respondent No.2 alongwith Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 30.08.2019 CRL.M.A. 34608/2019 (exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2411/2019 Notice.

Learned ASC accepts notice for respondent no. 1. Respondent no.2/Ms. Anita Gautam is present in Court. Respondent No. 2 and petitioners have been identified by the Investigating Officer/ASI Rakesh of police station Shahabad Dairy. Learned counsel for the respondent no. 2 states that she has settled the

matter amicably with the petitioner of her own free will and without any undue force, pressure or coercion. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 18.07.2019 passed by the Family Courts, Rohini, Delhi and petitioner has paid an amount of Rs. 10,00,000/- to her and she has no objection in FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 9. Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No. 126/2019 under Sections 498-A/406/34 IPC registered at Police Station Shahabad Dairy and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

BRIJESH SETHI, J AUGUST 30, 2019 savita