Parminder Singh & ORS v. State Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1024/2017 PARMINDER SINGH & ORS ..... Petitioners Through:

Mr. S.C. Singhal, Adv. along with petitioner no.1 in person.

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

Mr. Rahul Mehra, Standing Counsel for the State with Mr. Jamal Akhtar, Adv. along with SI Santosh Kumar, P.S. Tilak Nagar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.04.2017 Respondent no.2 (complainant) is present in Court and has been identified by SI Santosh Kumar of police station Tilak Nagar. She 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. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent on 10th February, 2017 by the Family Court (West District), Tis Hazari. In terms of the settlement, petitioner no.1 has paid `1.50 lacs to respondent no.2, by way of demand drafts and `300 in cash. Photocopies of the demand drafts have been placed on record. Respondent no.2 admits that with this payment she

has received the entire settled amount. She has no objection in case the FIR against the petitioner no.1 and his relatives, i.e., petitioner nos. 2 to 5 is quashed.

Keeping in mind that marriage between the husband (petitioner no.1) and wife (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. 792/2015 under Sections 498A/406/34 IPC registered at police station Tilak Nagar, which is at the investigation stage, is quashed. Writ petition is disposed of. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

APRIL 11, 2017 ga