High Court of DelhiCRL.M.C./893/2017

Sameer Gupta & ORS v. State (Govt Of NCT Of Delhi) & ANR

2017-09-01Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 893/2017 SAMEER GUPTA & ORS ..... Petitioners Through:

Mr. Deepak Sharma, Adv.

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

Ms. Meenakshi Dahiya, APP for State with SI Begrai, CAW/Cell/South Distt.

Mr. Ashok Jain, Adv. for R-2 along with R-2 in person..

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.09.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably, therefore, FIR No. 54/12 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell on the complaint of respondent no.2 may be quashed.

Respondent no.2, who is present in Court along with her counsel, has been identified by SI Begraj of CAW Cell. Respondent no.2 admits having settled the matter with the petitioners before the Family Court, North West, Rohini, Delhi on 21st December, 2015 (Annexure-C). She further submits that she has settled the matter of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the

petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Rohini, Delhi on 1st September, 2016. She further submits that `1.25 lacs is lying deposited before the Family Court and subject to release of the said amount to her she has no objection in case the FIR and the consequent proceedings emanating therefrom are quashed.

Accordingly, keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2, inasmuch as, their marriage has already been dissolved, in the interest of justice, FIR No. 54/12 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell and the consequent proceedings emanating therefrom are quashed. Family Court shall release the amount lying deposited before it to the respondent no.2 along with interest accrued thereon, if any, at the earliest. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 01, 2017 ga