Bhanu Gandhi & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1627/2018 & Crl. M.A. no. 5903/2018 BHANU GANDHI & ORS ..... Petitioners Through Mr. Amit Manchanda, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Ms. Kusum Dhalla, APP with SI Sunita Singh, P.S. CAW Cell, Nanak Pura Mr.

Ranjit Singh, Adv.

with respondent no. 2 in person

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. Rekha Malhotra is present in Court along with her counsel and accepts notice.

Respondent no. 2 has been identified by SI Sunita Singh of Police Station CAW Cell, Nanak Pura. 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, vide a Mutual Agreement dated 24th July, 2017.

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 15th December, 2017 passed by the Family Courts, North West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `23,00,000/- to respondent no. 2 vide two demand drafts, photocopies whereof have been placed on record. Respondent no. 2 says that with this payment entire settled amount of `71,00,000/- stands paid and she has no objection in case FIR is quashed against the petitioner no. 1 and his father, that is, petitioner no. 2.

Affidavit of respondent no. 2 is also on record at pages 20-21, wherein she has stated that she has no objection in case aforesaid FIR and the consequent proceedings may be quashed. 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.31/2015 under Sections 498-A/406/34 IPC registered at Police Station CAW Cell, Nanak Pura 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 05, 2018 r.bararia