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High Court of DelhiCRL.M.C./2386/2018

Sanjay Bhatt & ORS v. State (NCT Of Delhi) & ANR

2018-05-07Hon'Ble Mr. Justice A.K. Pathak2 pages

$~43 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2386/2018 SANJAY BHATT & ORS ..... Petitioners Through Ms. Anita Sharma, with petitioners in person versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr.

Amit Chadda, APP with SI Dhananjay Kumar, P.S. Hari Nagar for respondent no. 1 Ms. Shweta, Adv. with respondent no.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.05.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no. 2 is present in Court along with her counsel and has been identified by SI Dhananjay Kumar of police station Hari Nagar. Respondent no. 2 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, vide a Settlement/Compromise Deed dated 30th 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 26th February, 2018 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `1,50,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that she has received entire settled amount 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.703/2016 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. Dasti. A.K. PATHAK, J.

MAY 07, 2018 r.bararia