Rambabu & ORS v. State & ANR

$~35 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3289/2017 RAMBABU & ORS ..... Petitioners Through:

Mr. Narender Singh and Ms. Shilpa Sharma, Advs.

Versus

STATE & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State along with SI Sudhir Kumar, P.S.

Mandir Marg.

Mr. Pradeep Tyagi, Adv. for R-2 along with R-2 is present in Court.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 22.08.2017 Crl. M.A. 13500/2017 Allowed, subject to all just exceptions.

Application is disposed of.

Crl. M.C. 3289/2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably before the Counselling Cell, Family Court, Patiala House Courts on 16th July, 2016, therefore, FIR No. 151/11 under Sections 498-A/406/34 IPC registered at police station Mandir Marg on the complaint

of respondent no.2 may be quashed. Petitioner nos. 2 to 4 are relatives of petitioner no.1.

Respondent no.2 is present in Court and has been identified by SI Sudhir Kumar of police station Mandir Marg. Respondent no.2 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. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent on 22nd March, 2017 passed by the Family Court, Patiala House Court, New Delhi.

Respondent no.2 also admits having already received `5.25 lacs out of the total settled amount, that is, `8.25 lacs. Respondent no.1 has paid `3 lacs to the respondent no.2 today in Court by way of a demand draft, photocopy whereof has been placed on record. She submits that she is not willing to pursue the FIR any further and the same may be quashed.

Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved and respondent no.2 is not interested in pursuing the FIR any further, in the interest of justice, FIR No. 151/11 under Sections 498-A/406/34 IPC registered at police station Mandir Marg and the consequent proceedings emanating therefrom are quashed.

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

A.K. PATHAK, J.

AUGUST 22, 2017 ga