Sombir @ Somveer & ORS v. The State Govt Of NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1633/2018 SOMBIR @ SOMVEER & ORS ..... Petitioners Through Mr. Rajendra Kumar Tiwari, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ORS.... Respondents Through Mr.

G.M.

Farooqui, APP with Inspector Virender, SHO Mr. Akhilesh Kumar and Mr. B.

Pandey, Advs. with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Neeraj is present in Court along with her counsel and accepts notice. Respondent no. 2 has been identified by Inspector Virender of Police Station Bhalswa Dairy. 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. 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 22nd September, 2017 passed by the Family

Courts, North District, Rohini Courts, Delhi. Petitioner no. 1 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 with this payment entire settled amount of `5,50,000/- stands paid 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 at pages 29-31.

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.125/2016 under Sections 498-A/406/34 IPC registered at Police Station Bhalswa Dairy and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

APRIL 05, 2018 r.bararia