Raj Kamal Rai & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2050/2017 RAJ KAMAL RAI & ORS ..... Petitioners Through:

Mr.

M.

Hasibuddin, Adv.

with petitioners in person.

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

Mr. G.M. Farooqui, APP for State with SI Avesh Kumar, P.S. Vivek Kumar.

Mr. Noor Alam, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.02.2018 Respondent no.2-Ms. Neelam is present in Court along with her counsel and has been identified by SI Avesh Kumar of police station Vivek Vihar. 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 before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 26th July, 2013. She further submits that her marriage with petitioner no.1 has already been issued by a decree of divorce by mutual consent dated 2nd March, 2015 passed by the Family Court, Shahdara, Karkardooma Courts, Delhi. Petitioner no.1 has paid `1.10 lacs (`1 lac towards balance settled amount + `10,000/- towards costs) to the respondent no.2 today in Court. Respondent

no.2 submits that since entire settled amount of `3.50 lacs stands paid with this payment she has no objection in case FIR is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3. Keeping in mind the settlement arrived at between the petitioner and respondent no.2 voluntarily, in the interest of justice, FIR No. 110/2012 under Sections 498A/406/34 IPC registered at police station Vivek Vihar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Miscellaneous applications are disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

FEBRUARY 28, 2018 ga