Shiv Kumar & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1087/2018 and Crl. M.A. no. 3916/2018 SHIV KUMAR & ORS ..... Petitioners Through Mr. Santosh Pratap, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Manjeet Arya, APP with ASI Chatarpal Singh, P.S. Zafrabad for respondent no. 1 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. Urmila is present in Court and has been identified by ASI Chatarpal Singh of police station Zafrabad. 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 Counselling Cell, Family Courts, Karkardooma Courts, Delhi.

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 15th February, 2018 passed by the Family Courts, North - East District, Karkardooma Courts, Delhi.

Petitioner no. 1 has paid `1,50,000/- to the

respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record.

Respondent no. 2 says that entire settled amount of `5,25,000/- 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 to 6.

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.205/2013 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Zafrabad 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.

FEBRUARY 28, 2018 r.bararia