Naveen Gupta & ANR v. State (NCT Of Delhi) & ANR
$~40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2449/2018 & Crl. M.A. No. 8729/2018 NAVEEN GUPTA & ANR.
..... Petitioners Through Mr.
Anil Goel and Mr. Rajeev Kumar, Advs.
with petitioners in person versus STATE (NCT OF DELHI) & ANR.
..... Respondents Through Ms. Kusum Dhalla, APP with SI Omveer Singh, P.S. Nand Nagari Mr.
Deepak Vuttsya, 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. Sunita @ Kirti is present in Court along with her counsel and accepts notice. Respondent no. 2 has been identified by SI Omveer Singh of police station Nand Nagri.
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 13th April, 2018
passed by the Family Courts, Shahdara District, Karkardooma 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 `10,00,000/- with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his father, that is, petitioner no. 2. 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.562/2016 under Sections 498-A/406/34 IPC registered at Police Station Nand Nagri 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