Mahesh Singh Bajetha & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 1611/2017 MAHESH SINGH BAJETHA & ORS ..... Petitioners Through:

Mr. S. Santanam Swaminadhan and Mr. Rahul Sharma, Advs.

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

Ms. Manjeet Arya, APP for State with ASI Hawa Singh, P.S. Nihal Vihar.

Mr. S.K. Tiwari, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.11.2017 Respondent no.2-Rekha Singh Bajetha is present in Court along with her counsel. She has been identified by ASI Hawa Singh of police station Nihal Vihar.

She submits that she has settled the matter with the petitioner no.1 before the Mediation Centre, Tis Hazari Court, on 2nd March, 2017 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 13th October, 2017 passed by the Family Court, West District, Tis Hazari Court, Delhi. In terms of the settlement, petitioner no.1 has paid `2 lacs to the respondent no.2 towards balance settled amount. Respondent no.2 submits that with this payment entire settled amount, that is, `17.25 lacs stands paid and she is not willing to pursue

the FIR any further.

Keeping in mind that petitioner no.1 and respondent no.2 have decided to part their ways and have, in fact, obtained a decree of divorce by mutual consent and respondent no.2 does not wish to pursue the FIR, in the interest of justice, FIR No. 257/2009 under Sections 498-A/406/34 IPC registered at police station Nihal Vihar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 02, 2017 ga