High Court of DelhiCRL.M.C./1222/2018

Shiv Kumar & ORS v. The State Govt Of NCT Of Delhi & ORS

2018-04-23Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1222/2018, CRL Ma 4467/2018 SHIV KUMAR & ORS ..... Petitioners Through Mr. Hari Shanker, Adv versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through Ms. Manjeet Arya, APP for State ASI Jai Bhagwan, PS Pandav Nagar Ms. Preeti Thakur, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 23.04.2018 Ms. Aarti, Respondent no. 2 is present in Court along with her counsel and has been identified by ASI Jai Bhagwan of police station Pandav Nagar. Respondent no. 2 submits that she has settled the matter with petitioner no. 1 in terms of Compromise / Settlement Deed dated 9th December, 2017. She says that she has settled the matter with petitioner no.1 of her own free will, voluntarily 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 15th November, 2017 passed by the Family Courts, East District, Karkardooma Courts, New Delhi.

Petitioner no.1 has paid `3,50,000/- in the Court today vide demand draft, photocopy whereof is on record. Respondent no. 2 says that with this

payment, she has received the entire settled amount of `9,50,000/- and has no objection in case FIR No.432/2016 under sections 498-A/406/34 IPC registered at police station Pandav Nagar and consequent proceedings emanating therefrom, are quashed qua petitioner no.1 and his relatives, that is, petitioner nos. 2 to 4.

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, the aforesaid FIR 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 23, 2018 sm