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High Court of DelhiCRL.M.C./2221/2017

Abhishek Massey & ORS. v. State (Govt. Of NCT Of Delhi ) & ORS.

2017-11-14Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2221/2017 & Crl. M.A. no. 9096/2017 ABHISHEK MASSEY & ORS.

..... Petitioners Through Mr. Sandeep Kumar and Mr. Vivek Jaiswal, Advs.

versus STATE (GOVT. OF NCT OF DELHI ) & ORS.

..... Respondents Through Mr. G.M. Farooqui, APP with W/SI Roshni Sharma, P.S.

CWC Nanakpura for the State Mohd. Parvez, Adv. with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.11.2017 Respondent no.2 Shellveena Massey is present in Court along with her counsel and has been identified by W/SI Roshni Sharma of police station Crime (Women) Cell. 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, vide a Memorandum of Understanding dated 26th August, 2016. 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 22nd April, 2017 passed by the Family Court, South District, Delhi. She 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.27/2015 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J.

NOVEMBER 14, 2017 r.bararia