Lalit Jain & ORS v. The State (NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2588/2018 LALIT JAIN & ORS ..... Petitioners Through Mr. Anish Sharma, Adv versus THE STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP for State ASI Ajay Pal, CAW Cell, East Dist.
Ms. Sangita Jain, Adv for R-2
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 15.05.2018 Crl. M.A. No.
/2018 (exemption) Registry to number this application.
Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 2588/2018 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 ASI Ajay Pal. Respondent no. 2 also accepts notice. Respondent no. 2 submits that she has settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion, vide a Settlement Deed dated 31st January, 2017 before Counselling Cell, Rohini Court, Delhi. 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 21st March, 2018 passed by the
Family Courts, North West District, Rohini Courts. Respondent no. 2 says that subject to release of two FDRs lying deposited with the District Court at the time of recording of settlement, in her favour, she has no objection in case FIR No.125/2014 under sections 498-A/406/34 IPC registered at police station Gandhi Nagar, is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 4.
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, the aforesaid FIR and the consequent proceedings emanating therefrom are quashed with directions to the trial court to release forthwith the two FDRs to respondent no.2.
Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J MAY 15, 2018 sm