Rupak Bhattacharjee & ORS v. NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1897/2018 & Crl. M.A. no. 6753/2018 DR. RUPAK BHATTACHARJEE & ORS.

..... Petitioners Through Ms. Anupama Sharma, Mr. Nazim U Ahmed and Ms. Kiran Singh, Advs.

versus NCT OF DELHI & ANR.

..... Respondents Through Dr. M.P. Singh, APP Mr. Rashid N. Azam, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.04.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 Ms. Sujaya Mukhopadhyay is present in Court along with her counsel and accepts notice. 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 during the hearing of Bail Application no. 1773/2017 titled Rupak Bhattacharjee vs. State on 2nd August, 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 7th

April, 2018 passed by the Family Courts, South West District, Dwarka Courts, New Delhi. Respondent no. 2 says that she has received the entire settled amount and has no objection in case present FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Affidavit of respondent no.2 is also on record at pages 67 to 68, wherein she has stated that she has no objection in case FIR is 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.203/2016 under Sections 498-A/406/34 IPC registered at Police Station Dwarka South 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 13, 2018 r.bararia