Shyam Sunder Sharma & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1648/2018 & Crl. M.A. no. 5942/2018 SHYAM SUNDER SHARMA & ORS ..... Petitioners Through Mr. R.P. Bhardwaj, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR.... Respondents Through Ms. Meenakshi Dahiya, APP with SI Naveen Kumar, P.S. Seelampur for respondent no. 1 Ms.

Poonam Seth, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 is present in Court along with her counsel and accepts notice. Respondent no. 2 has been identified by SI Naveen Kumar of Police Station Seelampur. 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 Delhli Mediation Centre, Karkardooma Courts, Delhi on 25th November, 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 29th January, 2018 passed by the Family Courts, North East District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `4,00,000/- to respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment entire settled amount of `13,00,000/- stands paid and she 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 52-54.

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.896/2015 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Seelampur 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 05, 2018 r.bararia