Anant Nayak & ANR v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1375/2018 & Crl. M.A. nos. 4998-5000/2018 ANANT NAYAK & ANR ..... Petitioners Through Ms. Sonia A. Menon, Adv. with petitioners in person versus STATE & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with ASI Ram Niwas, P.S. Begum Pur Mohammad Mustafa, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.03.2018 Respondent no.2 Ms. Rekha Prabhu M. is present in Court and has been identified by ASI Ram Niwas of police station Begum 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 Delhi High Court Mediation and Conciliation Centre on 22nd January, 2018. Respondent no. 2 submits that her marriage with the petitioner has already been dissolved by a decree of divorce by mutual consent dated 27th February, 2018 passed by the Family Court, Central District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `90,000/- 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 `2,90,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioners.

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.374/2016 under Sections 498-A/406/34 IPC registered at Police Station Begum Pur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MARCH 19, 2018 r.bararia