Sourabh Sharma & 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. 1850/2018 & Crl. M.A. no. 6627/2018 SOURABH SHARMA & ORS ..... Petitioners Through Mr. Vimal Puggal, Adv.

Versus

THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. Amit Chadha, APP with ASI Prem Ram Arya, P.S. Hari Nagar Mr.

Vidur Kamra, 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. Jyoti is present in Court along with her counsel and accepts notice.

Respondent no. 2 has been identified by ASI Prem Ram Arya of Police Station Hari 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. 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 January, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid

`2,00,000/- to respondent no. 2, vide a demand draft. Photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `6,00,000/- 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 and 3.

Affidavit of respondent no. 2 is also on record at pages 85-86. (Annexure - E).

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.796/2014 under Sections 498-A/406/34 IPC registered at Police Station Hari Nagar 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