Sumit Dass & ORS v. State & ORS

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1269/2018 SUMIT DASS & ORS.

..... Petitioners Through Mr. U.A. Khan and Mr. S.A. Khan, Advs.

versus STATE & ANR.

..... Respondents Through Mr. Amit Chadha, APP with SI Shri Gopal, P.S. Shakarpur Mr.

Shashi Shankar, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.04.2018 Respondent no.2 Ms. Manika Das is present in Court along with her counsel and has been identified by SI Shri Gopal of police station Shakarpur.

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, vide Compromise/Settlement Deed dated 27th March, 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 27th November, 2017 passed by the Family Courts, Central

District, Tis Hazari Courts, Delhi. Respondent no. 2 says that she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3, subject to release of the FDR of `10,00,000/- lying deposited in the trial court, to the respondent no. 2. 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.80/2012 under Sections 498A/406/506/494/495/420/34/120-B IPC registered at Police Station Shakarpur and the consequent proceedings emanating therefrom are quashed. Trial court shall release the FDR of `10,00,000/- lying deposited in the name of respondent no. 2 to respondent no.2 forthwith. Petition is disposed of in the above terms.

Copy of order be given to petitioner and respondent no.2 dasti. A.K. PATHAK, J.

APRIL 25, 2018 r.bararia