Mukesh & ANR v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1808/2018 MUKESH & ANR ..... Petitioners Through Mr. Atul Patni, Adv. with petitioners in person versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Rita, P.S. CAW Cell, Nanakpura Mr.

Nazeem-u-Ahmed, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Preeti is present in Court and accepts notice. Respondent no. 2 has been identified by SI Rita 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 before the CAW Cell, Nanak Pura, vide a Settlement Agreement dated 26th November, 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 23rd March, 2018 passed by

the Family Courts, Patiala House Courts, New Delhi. Petitioner no. 1 has paid `1,50,000/- to respondent no. 2, vide a demand draft. Photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `4,50,000/- stands paid with this payment and has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6.

Affidavit of respondent no. 2 is also on record at page 56.

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.97/2017 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell, Nanak Pura and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

APRIL 11, 2018 r.bararia