Yogesh Kumar & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1318/2018 & Crl. M.A. no. 4805/2018 YOGESH KUMAR & ORS ..... Petitioners Through Mr. Pavan Kumar and Mr. Amit Kumar, Advs.

Versus

THE STATE & ANR ..... Respondents Through Mr. M.S.Oberoi, APP for respondent no. 1 with SI Jasmer Singh of police station Jahangir Puri Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.03.2018 Notice. Learned APP accepts notice. Respondent no.2 Ms. Renu is present in Court and accepts notice. She has been identified by SI Jasmer Singh of police station Jahangir Puri.

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, Rohini Courts, Delhi on 28th March, 2011. 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 21st May, 2012 passed by the Family

Courts, North - East District, Rohini Courts, Delhi. Petitioner no. 1 has paid `2,60,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount 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 5.

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.519/2009 under Sections 498-A/406 IPC registered at Police Station Jahangir Puri 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.

MARCH 15, 2018 r.bararia