High Court of DelhiCRL.M.C./2389/2017

Kapil Tanwar & ORS v. The State Of NCT Of Delhi & ANR

2017-09-08Hon'Ble Mr. Justice A.K. Pathak2 pages

$~6 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2389/2017 KAPIL TANWAR & ORS ..... Petitioners Through :Mr. Ghanshyam Thakur and Mr.

Deepankar Sharma, Advs.

versus THE STATE OF NCT OF DELHI & ANR ..... Respondents Through :Mr. G.M. Farooqui, APP with SI Gajender Singh, P.S. CWC Malviya Nagar for respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.09.2017 It is submitted that petitioners and respondent no.2 have settled their disputes amicably before the Mediation Centre, Dwarka Courts, New Delhi on 4th September, 2015, therefore, FIR No.171/2009 under Sections 498A/406/34 IPC registered at police station Crime (Women) Cell on the complaint of respondent no. 2, may be quashed. Petitioner nos. 2 to 5 are relatives of the petitioner no. 1. Marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent on 24th October, 2016 passed by the Family Courts, Dwarka, New Delhi. Respondent no. 2 is present in Court today and has been identified by SI

Gajender Singh, P.S. CWC Malviya Nagar. Petitioner no. 1 has paid Rs.1.25 lacs to the respondent no. 2 vide a demand draft no. 146835 dated 16th August, 2017 drawn on State Bank of India drawn on Payal Cinema Bus Stand, New Delhi towards balance settled amount. Petitioner no. 1 has also paid `10,000/- to the respondent no. 2. Respondent no. 2 submits that with this payment, entire settled amount has been paid. Respondent no. 2 further submits that that she has settled the matter with the petitioners of her own free will, voluntarily and without any undue force, pressure or coercion and she has no objection in case present FIR is quashed. Keeping in mind the settlement arrived at between the parties and that marriage between the petitioner no. 1 and respondent no. 2 has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, FIR No.171/2009 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. Dasti. A.K. PATHAK, J.

SEPTEMBER 08, 2017/rb