High Court of DelhiCRL.M.C./1465/2018

Naval Kishor & ORS v. State ( Govt Of NCT Of Delhi) & ANR

2018-03-22Hon'Ble Mr. Justice A.K. Pathak2 pages

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1465/2018 & Crl. M.A. No. 5332/2018 NAVAL KISHOR & ORS.

..... Petitioners Through Mr. Anil Kumar Thakur and Mr.

Sunil Kumar, Advs.

versus STATE (GOVT. OF NCT OF DELHI) & ANR.

..... Respondents Through Mr. G.M. Farooqui, APP with SI Pardeep Kumar, P.S. K.M. Pur Ms.

Vivya Nagpal, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.03.2018 Respondent no. 2 Ms. Nirmal Kanta is present in Court along with her counsel and has been identified by SI Pardeep Kumar of police station K.M. 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, vide a Memorandum of Understanding/Agreement dated 8th December, 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 16th February, 2018 passed by the Family Courts, South East

District, Saket, New Delhi.

Petitioner no. 1 has paid `2,00,000/- 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 `8,00,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5. Affidavit of respondent no. 2 is also on record, wherein she has stated that she has no objection in case FIR is quashed. 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.473/2016 under Sections 498-A/406/34 IPC registered at Police Station K.M. 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 22, 2018 r.bararia