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High Court of DelhiW.P.(CRL)/1026/2017

Deepak Kumar & ORS v. State (NCT Of Delhi) & ORS

2017-04-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1026/2017 DEEPAK KUMAR & ORS ..... Petitioners Through:

Mr. Rahul Bhagat, Adv.

versus STATE (NCT OF DELHI) & ORS ..... Respondents Through:

Mr. Sanjay Lao, ASC for the State with Mr. Siddarth Sindhu, Adv. along with W/SI Pushpa, P.S.

Gandhi Nagar.

Ms. Sangita Jain, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.04.2017 Respondent no.2 is present in Court along with her counsel. She has been identified by SI Ms. Pushpa of police station Gandhi Nagar. Respondent no.2 submits that she has settled the matter with the petitioner no.1 before the Mediation Centre on 18th April, 2016 of her own free will and without any undue force, pressure or coercion. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce dated 3rd December, 2016 by the Family Court, Vishwas Nagar, Delhi. Respondent no.2 submits that she has received the entire settled amount and is not willing to pursue the FIR any

further against the petitioner no.1 and his relatives, i.e., petitioner nos. 2 to 7.

Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent, inasmuch as, respondent no.2 is not willing to pursue the FIR, in view of the settlement, in the interest of justice, FIR No. 151/2015 under Sections 498A/406/34 IPC registered at police station Gandhi Nagar and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

APRIL 11, 2017 ga