Saurabh Agarwal & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1897/2017 SAURABH AGARWAL & ORS ..... Petitioners Through Ms.

Rekha Aggarwal, Adv.

for petitioner nos. 1 to 3 along with petitioner no. 2, who is also POA of petitioner no. 1 and petitioner no. 3 in person.

Versus

STATE & ANR ..... Respondents Through :Ms. Manjeet Arya, APP with SI Saroj Yadav, P.S. Vasant Kunj (S), New Delhi for respondent no. 1 Mr.

Satinder Singh, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.07.2017 It is submitted that petitioners and respondent no.2 have settled their disputes amicably vide Settlement Agreement dated 23rd April, 2016 (Annexure P-2). Petitioner nos. 2 and 3 are relatives of the petitioner no. 1. Marriage between the petitioner no. 1 and respondent no.2 has already been

dissolved by a decree of divorce by mutual consent dated 1st February, 2017 passed by the Principal Judge, Family Court, Patiala House, New Delhi. It is prayed that FIR no. 1320/2014 under Section 498-A/406/34 IPC registered at Police Station Vasant Kunj South, on the complaint of respondent no. 2, may be quashed. Respondent no. 2 is present in Court along with her counsel and has been identified by SI Saroj Yadav, P.S. Vasant Kunj (South).

Respondent no. 2 admits having settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion.

She admits having received `70,00,000/- till date. Balance settled amount of `20,00,000/- has been paid by the petitioner no. 2 to the respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that she is not willing to pursue the FIR any further and the same may be quashed. Keeping in mind that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, inasmuch as, respondent no.2 is not interested in pursuing the FIR, in the interest of justice, FIR no. 1320/2014 under Section 498-A/406/34 IPC registered at Police Station Vasant Kunj South and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

JULY 14, 2017 rb