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High Court of DelhiCRL.M.C./3092/2018

Sh. Ashish Dawra & ORS v. State Of NCT Of Delhi & ANR

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

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3092/2018 SH. ASHISH DAWRA & ORS ..... Petitioners Through:

Mr. Deepak Vaswani, Adv.

versus STATE OF NCT OF DELHI & ANR ..... Respondents Through:

Ms. Kusum Dhalla, APP for State with SI Devendera Rawat, P.S. Sadar Bazar.

Mr. Davinder N. Grover and Mr. Jay K. Bhardwaj, Advs. for R-2 along with R-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-Mrs. Disha Garg is present in Court along with her counsel, who accepts notice. She has been identified by SI Devendera Rawat of police station Sadar Bazar.

Respondent no.2 submits that she has settled the matter with the petitioner no. 1 of her own free will and without any undue force, pressure or coercion before the Delhi Mediation Centre, Tis Hazari Court, Delhi on 5th August, 2017.

Her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 1st February, 2018

passed by the Family Courts, East District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `4 lacs to the respondent no. 2 today in Court, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `16 lacs stands paid with this payment and she has no objection in case FIR No. 511/2014 under Sections 498A/406/34 IPC registered at police station Sadar Bazar is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3. Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR 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 30, 2018 ga