Nand Kishore & ORS v. State

$~18 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2152/2017 NAND KISHORE & ORS ..... Petitioners Through Mr. R.K. Gupta, Adv.

versus STATE & ORS.

..... Respondents Through Mr. Amit Gupta, APP with SI Ashish, P.S. Bhajan Pura for the State Mr.

Vineet Mehta, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.11.2017 Respondent no. 2 Sanyogita is present in Court along with her counsel and has been identified by SI Ashish of Police Station Bhajan Pura. Respondent no. 2 admits having settled the matter with petitioners before the Counselling Cell, Family Court, North East District, Delhi on 11th August, 2014. It has also been admitted by the respondent no. 2 that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent vide order dated 23rd March, 2015 passed by the Family Court, Central District, Tis Hazari Courts, Delhi.

Respondent no. 2 admits that she has already received `1,00,000/- out of total settled amount of `1,50,000/-.

`50,000/- has been paid by the petitioner no. 1 to the respondent no. 2 in Court today. She further says that she has settled the matter with the petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion. She submits that she is not willing to pursue the FIR any further 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.291/2012 under Sections 498-A/406/34 IPC registered at Police Station Bhajan Pura and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

NOVEMBER 08, 2017 r.bararia