Hunny Garg & ORS v. State (NCT Of Delhi) & ANR

$~48 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 682/2017 HUNNY GARG & ORS ..... Petitioners Through:

Mr. Sahil Munjal and Ms. Rhea Gandhi, Advs. along with petitioners in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. R.S. Kundu, ASC with Mr. Ankit Kr. Gulia, Adv. along with SI Vijay Dahiya, P.S. Vijay Vihar.

Ms. Vinod Malhotra, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.03.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably vide Compromise-cum-Settlement Deed dated 27th May, 2016.

Petitioner nos. 2 to 5 are relatives of petitioner no.1. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce dated 6th February, 2017 passed by the Family Court, North-West, Rohini, Delhi. Respondent no.2 is present in Court with her counsel and has been identified by SI Vijay Dahiya of police station Vijay Vihar. She submits that she has settled the matter with petitioners of her own free will and

without any undue force, pressure or coercion. She further submits that she has received `21 lacs till now. Remaining settled amount, i.e., `9 lacs has been paid by the petitioner no.1 to the respondent no.2 today in Court through two demand drafts, photocopy whereof has been placed on record. Respondent no.2 submits that with this amount, entire settled amount, stands paid. She has no objection in case the FIR is quashed. Keeping in mind that petitioner no.1 and respondent no.2 have settled their disputes amicably, inasmuch as, their marriage has already been dissolved by decree of divorce by mutual consent, in my view, no fruitful purpose would be served in keeping the present criminal proceedings pending. Accordingly, in the interest of justice, FIR No. 1500/2015 under Sections 406/498-A/34 IPC registered at police station Vijay Vihar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MARCH 03, 2017 ga