Phool Kumar & 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. 1323/2018 & Crl. M.A. no.4817/2018 PHOOL KUMAR & ORS ..... Petitioners Through Mr. Kameshwer Mishra, Adv. with petitioners in person

Versus

THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Ms. Manjeet Arya, APP with SI Sonu, P.S. Samaipur Badli 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. Himanshi is present in Court and accepts notice. She has been identified by SI Sonu of police station Samaipur Badli. 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 Courts, North District, Delhi on 19th July, 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 7th March, 2018 passed by the Family Courts, North District, Rohini Courts, Delhi. Respondent no. 2 says

that she has received the entire settled amount of `1,05,000/- 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.1464/2015 under Sections 498-A/406/34 IPC registered at Police Station Samaipur Badli 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