Sumit Duggal v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1883/2018 & Crl. M.A. no. 6702/2018 SUMIT DUGGAL ..... Petitioner Through Mr. Nikhilesh Krishnan, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR...... Respondents Through Dr. M.P. Singh, APP with SI Sanjay Kaushik, P.S. Sarai Rohilla Mr.

S.P.

Sharma, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.04.2018 Learned APP submits that Anita Duggal, Vineet Duggal and S.K. Duggal are also accused in this case. They have not been made a party. On the oral prayers made by the learned counsel for petitioners, above named persons are impleaded as respondent nos. 3 to 5. Amended memo of parties be filed during course of the day.

Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Sakshi Kohli is present in Court along with her counsel and accepts notice.

Respondent no. 2 has been identified by SI Sanjay Kaushik of Police Station Sarai Rohilla. Respondent no. 2 admits

having settled the matter with petitioner of her own free will, voluntarily and without any undue force, pressure or coercion before the Counselling Cell, Family Courts, Central District, Tis Hazari Courts, Delhi on 11th July, 2017. Respondent no. 2 submits that her marriage with the petitioner has already been dissolved by a decree of divorce by mutual consent dated 9th February, 2018 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi. Petitioner has paid `2,00,000/- to respondent no. 2, vide a demand draft. Photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `7,00,000/- stands paid with this payment and has no objection in case present FIR is quashed against the petitioner and his relatives, that is, respondent nos. 3 to 5. Affidavit of respondent no.2 is also on record at page 15.

Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.1028/2015 under Sections 498-A/406/34 IPC registered at Police Station Sarai Rohilla and the consequent proceedings emanating therefrom are quashed.

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

A.K. PATHAK, J.

APRIL 13, 2018 r.bararia