Deepak & ORS v. State & ANR

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1922/2018 DEEPAK & ORS.

..... Petitioners Through Mr. Sunil Kumar Bhatt, Adv.

versus STATE & ANR.

..... Respondents Through Mr. M.S. Oberoi, APP with ASI Roshni Sharma, P.S.

CWC Nanakpura Mr.

K.M.

Thakur, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Meera is present in Court along with her counsel and accepts notice. Respondent no. 2 has been identified by ASI Roshni Sharma of police station CAW 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. Respondent no. 2 submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 7th February, 2017 passed by the Family Courts, South District, Saket Courts, Delhi. Petitioner

no. 1 has paid `2,00,000/- to the respondent no. 2 towards balance settled amount, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `6,60,000/- 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 6, subject to, however, realization of the demand draft.

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.66/2015 under Sections 498-A/406/34 IPC registered at Police Station CAW Nanak Pura and the consequent proceedings emanating therefrom are quashed, subject to, however, realization of the demand draft.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

MAY 09, 2018 r.bararia