Harsh Nagpal & ORS v. State & ANR

$~38 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2875/2017 HARSH NAGPAL & ORS ..... Petitioners Through :Mr. Krishna Dev Pandey, Adv. with petitioners in person.

versus STATE & ANR ..... Respondents Through :Mr. G.M. Farooqui, APP with ASI Hariom, P.S. Moti Nagar for the respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.07.2017 Crl. M.A. No. 11937/2017 (for condonation of delay) Delay in re-filing the petition is condoned. Application is disposed of. Crl. M.A. No. 11936/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. No. 2875/2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably; therefore, FIR No. 155/2015 under Sections 498A/406/34 IPC registered at Police Station Moti Nagar on the complaint of respondent no. 2, may be quashed. Petitioner nos. 2 to 7 are relatives of petitioner no. 1.

Respondent no.2 is present in Court and has been

identified by ASI Hariom, P.S. Moti Nagar. Respondent no. 2 submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion. Respondent no. 2 further submits that marriage between her and the petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent dated 29th March, 2017 passed by the Principal Judge (West District), Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `2,50,000/- to the respondent by way of a demand draft, photocopy whereof has been placed on record. She admits having received the entire settled amount from the petitioner no. 1. Respondent no. 2 further submits that she is not willing to pursue the FIR any further in view of the settlement arrived at between her and the petitioners.

Keeping in mind the fact that settlement has been arrived at between the petitioners and respondent no. 2, inasmuch as, respondent no.2 is not interested in pursuing the FIR any further, in the interest of justice, FIR No. 155/2015 under Sections 498-A/406/34 IPC registered at Police Station Moti Nagar and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 27, 2017 rb