High Court of DelhiCRL.M.C./3685/2016

Paras Marwaha & ORS. v. State & ANR.

2017-09-18Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3685/2016 PARAS MARWAHA & ORS.

..... Petitioners Through Ms. Sahil Kakkar, Adv.

versus STATE & ANR.

..... Respondents Through Mr. G.M. Farooqui, APP with SI Anju Tyagi, P.S. Hari Nagar Mr. Anindya Malhotra and Mr.

Aseem Talwar, Advs. for R-2 alongwith respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.09.2017 It is submitted that petitioner no. 1 and respondent no.2 got married on 2nd March, 2014.

FIR No.830/2015 under Sections 406/354/498-A/34 IPC was registered at Police Station Hari Nagar, Delhi against the petitioners no.1 to 4 and respondent no.3 on the complaint of respondent no.2.

It was further alleged in the FIR that Maharaj ji @ Tantrik had molested the respondent no.2. Charge-sheet has already been filed against the petitioners and Tantrik, namely, Satpal Mangla. It is submitted that a settlement has been arrived at between the petitioner no.1 and respondent no.2, before Mediation Centre, Tis Hazari Courts, Delhi on 28th September, 2015.

Photocopy of the settlement deed has been placed on record.

Memorandum of Settlement dated 25th September, 2015 is part of the Settlement Agreement. Respondent no.2 is present in Court alongwith her counsel and has been identified by SI Anju Tyagi, P.S. Hari Nagar. She says that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 31st May, 2016, passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `2 lacs to respondent nos. 2 vide demand draft towards the balance settled amount.

Respondent no.2 says that with this payment she has received the entire settled amount and has no objection if FIR against the petitioners is quashed.

It is noted that respondent no.3 has not been named in the chargesheet. Keeping in mind the settlement arrived at between the petitioner no.1 and respondent no.2, FIR No. No.830/2015 under Sections 406/354/498A/34 IPC registered at Police Station Hari Nagar, Delhi and the consequent proceedings arising therefrom are quashed qua the petitioners only. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J SEPTEMBER 18, 2017/RB