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High Court of DelhiCRL.M.C./1198/2018

Gopal Krishan Poddar & ORS v. The State Govt Of NCT Of Delhi & ANR

2018-03-08Hon'Ble Mr. Justice A.K. Pathak2 pages

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1198/2018 & Crl. M.A. no. 4363/2018 GOPAL KRISHAN PODDAR & ORS ..... Petitioners Through Mr. Sanjay Shah, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Mr. G.M. Farooqui, APP with SI Shri Gopal, P.S. Shakar Pur Mr.

Aman Bhardwaj, Adv.

with respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.03.2018 Respondent no.2 Ms. Bhawna Poddar is present in Court along with her counsel and has been identified by SI Shri Gopal of police station Shakar Pur. 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 Court, East District, Karkardooma Courts, Delhi on 18th 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, East District, Karkardooma Courts, Delhi. Petitioner no.

1 has paid `1,20,000/- 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 `9,50,000/- 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.477/2006 under Sections 498-A/406/34 IPC registered at Police Station Shakarpur 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 08, 2018 r.bararia