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

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 719/2017 HARISH GARG & ORS ..... Petitioners Through:

Mr. Sahil Munjal, Mr. R.S. Goswami and Ms. Rhea Gandhi, Advs.

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

Mr. Rajesh Mahajan, ASC for the State with SI Udhav, P.S. Bindapur.

Mr. Ajay Goyal, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.03.2017 It is submitted that petitioners and respondent no.2 have settled their dispute amicably vide a Compromise-cum-Settlement Deed dated 26th May, 2016, therefore, FIR No. 1377/2015 may be quashed. Petitioner nos. 2 to 6 are relatives of petitioner no.1. Respondent no.2 is present in Court and has been identified by SI Udhav of police station Bindapur. Respondent no.2 submits that she has settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent by the Family Court, North West District, Rohini Court, Delhi on 21st December,

2016. It is further submitted that entire settled amount is lying deposited in the shape of FDR in the Family Court, North West District, Rohini Court, Delhi. Respondent no.2 submits that she has no objection in case the present FIR is quashed, subject to release of aforementioned FDR. In view of the settlement arrived at between the petitioner no.1 and respondent no.2, in the interest of justice, FIR No. 1377/15 under Sections 498-A/406/34 IPC registered at police station Bindapur, which is at the investigation stage, is quashed, subject to release of FDR. Family Court, North West District, Rohini Court is directed to release the FDR to the respondent no.2 forthwith.

Writ petition is disposed of.

Dasti.

A.K. PATHAK, J.

MARCH 07, 2017 ga