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High Court of DelhiCRL.M.C./3135/2016

Janak Dhawan v. State & ANR

2017-09-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3135/2016 JANAK DHAWAN ..... Petitioner Through:

Mr. Krishan Kumar and Mr. M.K.

Anand, Advs. Along with Shri Madhur Dhawan, S/o Petitioner and ExHusband of R-2.

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

Ms. Meenakshi Chauhan, APP for State with SI Ashok Ahlawat, P.S. Kirti Nagar.

Ms. Shimpy Agnan Sharma, Adv. For R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.09.2017 Shri Madhur Dhawan S/o Shri G.K. Dhawan and ex-husband of respondent no.2 is present in Court. He undertakes to withdraw the application filed by him before the Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi, for setting aside the decree of divorce by mutual consent, within two days. His statement in this regard has been recorded, on oath, separately. It is noted that counsel for the present petitioner is also representing Shri Madhur Dhawan before the Family Court, West District, Tis Hazari Courts, Delhi.

Respondent no.2, who is present in Court along with her counsel, has been identified by SI Ashok Ahlawat of police station Kirti Nagar. She

submits that in view of the statement made by Shri Madhur Dhawan in Court today and also keeping in view that her marriage with Shri Madhur Dhawan has already been dissolved by a decree of divorce my mutual consent, she does not oppose quashing of the FIR.

Keeping in view the settlement arrived at between the petitioner and respondent no.2, which has already been acted upon, FIR No. 265/2014 under Sections 419/420/468/471/120-B/34 IPC registered at police station Kirti Nagar and the consequent proceedings emanating therefrom are quashed subject to, however, Shri Madhur Dhawan withdrawing the application filed by him before the Principal Judge, Family Court, West District, Tis Hazari Courts, Delhi for setting aside the decree of divorce. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 11, 2017 ga