Dilip Kumar & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1783/2018 and Crl. M.A. no. 6392/2018 DILIP KUMAR & ORS ..... Petitioners Through Mr. R.K. Pathak, Adv.

versus STATE & ANR.

..... Respondents Through Mr. G.M. Farooqui, APP with ASI Surjeet Singh, P.S. Patel Nagar Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Laxmi is present in Court and accepts notice. Respondent no. 2 has been identified by ASI Surjeet Singh of Police Station Patel Nagar.

Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 5th March, 2016.

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 31st July, 2017 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid

`1,00,000/- to respondent no. 2, vide a demand draft. Photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `3,50,000/- stands paid with this payment and has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4.

Affidavit of respondent no. 2 is also on record at pages 20-21.

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.718/2014 under Sections 498-A/406/34 IPC registered at Police Station Patel Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

APRIL 11, 2018 r.bararia