Mukesh Upadhyay @ Mukesh Kumar & ORS v. The State ( Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2482/2018 & Crl. M.A. No. 8836/2018 MUKESH UPADHYAY @ MUKESH KUMAR & ORS... Petitioners Through Mr. Ocean Chaudhary, Mr. Sandeep Chaudhary and Mr. Raj Kumar, Advs.

versus THE STATE ( GOVT OF NCT OF DELHI) & ANR..... Respondents Through Mr.

Amit Chadha, APP with SI Jitender, P.S. Welcome Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.05.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Shashi Bala is present in Court and accepts notice. Respondent no. 2 has been identified by SI Jitender of police station Welcome. 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 Delhi Mediation Centre, Karkardooma Courts, Delhi on 6th January, 2018.

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 22nd March, 2018 passed by the Family Courts, Shahdara

District, Karkardooma Courts, Delhi. Respondent no. 2 says that she has received the entire settled amount of `85,000/- 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.114/2015 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at Police Station Welcome 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 10, 2018 r.bararia