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High Court of DelhiCRL.M.C./2730/2018

Bharat Bhushan @ Sachin @ ORS v. Government Of NCT Of Delhi & ANR

2018-05-30Hon'Ble Mr. Justice A.K. Pathak2 pages

$~4 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2730/2018 and Crl. M.A. nos. 9709-10/2018 BHARAT BHUSHAN @ SACHIN @ ORS ..... Petitioners Through Mr. Sanjay Kumar and Mr. Manjit Kaur, Advs.

versus GOVERNMENT OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with SI Rajiv, P.S. Badar Pur Mr.

J.C.

Mahindru, Mr.

Jasmeet Singh and Mr. Saubham Aggarwal, Advs. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.05.2018 Notice.

Learned APP accepts notice for respondent no. 1.

Respondent no.2 Ms. Sarika Bhawal is present in Court along with her counsel and accepts notice. She has been identified by SI Rajiv of police station Badar Pur.

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 before the Settlement Agreement dated 11th April, 2016.

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 April, 2017 passed by the Family Courts, South District, Saket Courts, New Delhi. Petitioner no. 1 has paid `6,00,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `17,00,000/- stands paid with this payment; in addition thereto petitioner no. 1 has paid `10,000/- to the respondent no. 2 towards delayed payment. Respondent no. 2 submits that 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.732/2014 under Sections 498-A/406/34 IPC registered at Police Station Badar Pur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.

A.K. PATHAK, J.

MAY 30, 2018 r.bararia