High Court of DelhiCRL.M.C./1830/2018

Neeraj Singh & ANR v. The State NCT Of Delhi & ANR

2018-04-12Hon'Ble Mr. Justice A.K. Pathak2 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1830/2018 & Crl. M.A. No. 6556/2018 NEERAJ SINGH & ANR.

..... Petitioners Through Mr.

Tarun Goomber, Mr.

Pankaj Mendiratta, Mr. Gaurav Goswami and Mr. Jitender Kumar, Advs.

Versus

THE STATE NCT OF DELHI & ANR ..... Respondents Through Mr.

Amit Chadha, APP with SI Rajesh Kumar, P.S. Mehrauli Mr.

Sanjeev Rarh, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 12.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Rajni is present in Court and accepts notice. Respondent no. 2 has been identified by SI Rajesh Kumar of Police Station Mehrauli.

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 Delhi High Court Mediation and Conciliation Centre, vide Settlement Agreement dated 3rd February, 2017 (Annexure C). 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 25th October, 2017 passed by the Family Courts, South District, Saket Courts, New Delhi. Petitioner no. 1 has handed over a fixed deposit receipt of `24,00,000/- to respondent no. 2 in the name of minor child, namely, Rhythm Singh, photocopy whereof has been placed on record. Respondent no. 2 says that she has received entire settled amount, inasmuch as terms of the settlement have been complied with and 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 88-89. 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.204/2013 under Sections 498-A/406/34 IPC registered at Police Station Mehrauli 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 12, 2018 r.bararia