Tarun Chanana & ORS v. The State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1350/2018 TARUN CHANANA & ORS ..... Petitioners Through Ms. Nisha Sharma, Adv versus THE STATE & ORS ..... Respondents Through Mr. M S Oberoi, APP for State with ASI Surinder Dutt, PS Hari Nagar Mr. A K Jha, Adv for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.04.2018 Notice could not be issued as PF was not filed. However, respondent no.2 has appeared in person and accepts notice. She has been identified by ASI Surinder Dutt of police station Hari Nagar. Respondent no. 2 submits that she has settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion, in terms of joint statement dated 17th April, 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 9th January, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.

Petitioner no. 1 has paid `1,00,000/- to the respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record. Respondent no. 2 says that with this payment, entire settled amount of `4,00,000/-

stands paid 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.348/2015 under Sections 498-A/406/34 IPC registered at Police Station Hari Nagar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J APRIL 10, 2018 sm