High Court of DelhiCRL.M.C./1085/2018

Munirathnam & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-02-28Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1085/2018 & Crl. M.A. Nos. 3911-12/2018 MUNIRATHNAM & ORS ..... Petitioners Through Mr. G. Sivabal Amurugan and Ms.

Vandana, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Mr. G.M. Farooqui, APP for State with ASI Aman Kumar, P.S. CWC Nanakpura for respondent no. 1 Mr.

Rajesh Singh, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.02.2018 Respondent no.2 Ms. M. Silambi is present in Court along with her counsel and has been identified by ASI Aman Kumar of police station Crime (Women) Cell, Nanak Pura. 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 the Mediation Centre, Dwarka Courts, New Delhi on 3rd April, 2017. 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 16th January, 2018 passed by the Family

Court, Patiala House Courts, New Delhi.

Petitioner no. 1 has paid `1,25,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `4,50,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3.

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.45/2012 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell, Nanak Pura and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

FEBRUARY 28, 2018 r.bararia