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High Court of DelhiCRL.M.C./2019/2018

Sushant Mehta & ORS v. State Of Delhi & ANR

2018-05-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~5 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2019/2018 SUSHANT MEHTA & ORS ..... Petitioners Through:

Mr. Nalin Talwar, Mr. R.K. Thakur and Mr. Bhalendu Mishra, Advocates.

versus STATE OF DELHI & ANR ..... Respondents Through:

Mr. M.S. Oberoi, APP for State with ASI Shambhu, PS Mianwali Nagar.

Mr.

Alok Bhachawat, Mr.

Uday Singh and Mr.

Shailender Singh, Advocates for respondent No.2 along with respondent No.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.05.2018 Notice.

Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Kriti Mehta is present in Court and accepts notice.

Respondent no. 2 has been identified by ASI Shambhu of police station Mianwali Nagar.

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 Mediation Centre, Tis Hazari Courts, Delhi on 28th 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 27th February, 2018 passed by the Family Court,

Patiala House Courts, New Delhi.

Petitioner no. 1 has paid `36,00,000/- to the respondent no. 2 vide a demand draft, photocopy whereof has been placed on record.

Respondent no. 2 says that entire settled amount of `1,07,00,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 7.

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.204/2016 under Sections 498-A/406/34 IPC registered at Police Station Mianwali Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J MAY 11, 2018 rd