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High Court of DelhiCRL.M.C./2144/2017

Somdutt & ORS v. The State NCT Of Delhi & ANR

2017-12-13Hon'Ble Mr. Justice A.K. Pathak2 pages

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2144/2017 SOMDUTT & ORS ..... Petitioners Through Mr. Rajesh Tanwar, Adv.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Through Ms. Neelam Sharma, APP with SI Sunil Chandra of police station Tilak Nagar for the State Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 13.12.2017 Respondent no.2 Ms. Meenu is present in Court and has been identified by SI Sunil Chandra of police station Tilak Nagar. Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 1st October, 2016 passed by the Family Court, West District, Tis Hazari Courts, Delhi.

Petitioner no. 1 has paid `1,25,000/- to the respondent no. 2 vide a

demand draft towards balance settled amount, photocopy whereof has been placed on record.

Respondent no. 2 submits that entire settled amount of `5,00,000/- stands paid with this payment. She further submits that she is not willing to pursue the FIR any further against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3 and the same may be quashed. Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.463/2012 under Sections 498-A/406/34 IPC registered at Police Station Tilak Nagar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

DECEMBER 13, 2017 r.bararia