Rohit Kumar & ORS v. State & ANR

$~2 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3717/2016 ROHIT KUMAR & ORS ..... Petitioners Through:

Mr. Arun Sharma, Adv.

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

Ms. Kamna Vohra, ASC for the State with SI Jaivind Kumar, P.S.

Kalyanpuri.

Mr. Phool Singh, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 25.01.2017 Crl. M.A. 20285/2016 Delay in re-filing is condoned.

Application is disposed of.

Crl. M.A. 20284/2016 Allowed, subject to all just exceptions.

Application is disposed of.

W.P. (Crl.) 3717/2016 It is submitted that respondent no.2 and petitioner no.1 have settled their disputes amicably. Petitioner nos. 2 to 6 are relatives of petitioner no.1. It is 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 21st March, 2016 by the Family Court, East District, Vishwas Nagar, Delhi. Respondent no. 2 is present in Court and has been identified by SI Jaivind of police station Kalyanpuri. Respondent no.2 submits that she has settled the matter with the petitioners of her own free will and without any undue pressure, force or coercion. She further submits that she has no objection in case the FIR is quashed.

Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved and respondent no.2 is not willing to pursue the FIR in view of the settlement, FIR No. 1121/2014 under Sections 498-A/406/34 IPC registered at police station Kalyanpuri and the consequent proceedings emanating therefrom are quashed. Writ petition is disposed of in the above terms. A.K. PATHAK, J.

JANUARY 25, 2017 ga