High Court of DelhiCRL.M.C./2462/2018

Gaurav Shakya & ORS v. Govt. Of NCT Delhi & ANR

2018-05-09Hon'Ble Mr. Justice A.K. Pathak2 pages

$~50 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2462/2018 & Crl. M.A. No. 8766/2018 GAURAV SHAKYA & ORS.

..... Petitioners Through Mr. Shaad Anwar and Ms. Shabnam, Advs.

versus GOVT. OF NCT DELHI & ANR.

..... Respondents Through Ms. Manjeet Arya, APP with SI Rampal Singh, CAW Cell/East, P.S.

Mandawali Respondent no. 2 in person with counsel (attendance slip not given)

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. Shashi Prabha Shakya is present in Court along with her counsel and accepts notice. Respondent no. 2 has been identified by SI Rampal Singh of police station Mandawali. 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, vide Compromise Deed dated 30th May, 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 6th February, 2018 passed by the Family Courts, Shahdara District, Delhi. Petitioner no. 1 has paid `75,000/- 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 she has received the entire settled amount 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 5.

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.86/2014 under Sections 498-A/406/34 IPC registered at Police Station Mandawali 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.

MAY 09, 2018 r.bararia