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High Court of DelhiCRL.M.C./1958/2018

Jatin & ORS v. The Government Of National Capital Territory Of Delhi& ANR

2018-05-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1958/2018 JATIN & ORS.

..... Petitioners Through Mr. Pankaj Arya, Adv.

versus THE GOVERNMENT OF NATIONAL CAPITAL TERRITORY OF DELHI& ANR ..... Respondents Through Mr.

Amit Chadha, APP with SI Sandeep Kumar, P.S.

Palam Village/Airport Mr.

Ashwani Tripathi and Mr.

Yogesh Vidyakar, Advs.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Preeti is present in Court along with her counsel and accepts notice.

Respondent no. 2 has been identified by SI Sandeep Kumar of police station Palam Village.

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, Dwarka Court vide a Settlement dated 31st August, 2017. Respondent no. 2 submits that her marriage with petitioner no.1 has already

been dissolved by a decree of divorce by mutual consent dated 9th February, 2018 passed by the Family Courts, Dwarka, New Delhi. Petitioner no. 1 has paid `2,00,000/- to the respondent no. 2 towards balance settled amount, vide a banker cheque, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `7,75,000/- 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 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.

279/2015 under Sections 498-A/406/34 IPC registered at Police Station Palam Village and the consequent proceedings emanating therefrom are quashed. `3,00,000/- deposited by the petitioner in Bail Application no. 2480/2016 titled Jatin vs. State be released to petitioner no. 1 by the Registry together with interest accrued thereon, if any, Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MAY 09, 2018 r.bararia