High Court of DelhiCRL.M.C./4207/2016

Atul Kumar & ORS v. State Of NCT Of Delhi & ORS

2017-09-01Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4207/2016 ATUL KUMAR & ORS ..... Petitioners Through Mr. Amar Pal, Advocate versus STATE OF NCT OF DELHI & ORS ..... Respondents Through Ms. Meenakshi Chauhan, APP ASI Gian Chand, PS CWC Nanak Pura Ms. Mamta Mayer, Advocate for R-2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 01.09.2017 CRL.M.C. 4207/2016 & Cr. M.A. 17527/2016 (Stay) Learned counsel for the petitioner submits that the petitioner no.1 and respondent no.3 have settled their disputes amicably before the Delhi High Court Mediation and Conciliation Centre on 11.01.2017, therefore, FIR No.178/2016 under Sections 498A/406/34 IPC registered at P.S. Crime (Women) Cell, Nanak Pura, Delhi, be quashed.

The Settlement Agreement dated 11.01.2017 has been received from the Delhi High Court Mediation and Conciliation Centre along with record. Respondent no.3 is present in Court along with her counsel and has been identified by ASI Gian Chand, PS CWC Nanak Pura. Respondent no.3 admits having settled the matter with petitioner no.1 of her own free will and

without any undue force, pressure or coercion. Respondent no.3 states that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce dated 21.08.2017 passed by the Family Court, Rohini, Delhi. Petitioner nos.2 and 3 are relatives of petitioner no.1. Petitioner no.1 has paid ` 1,25,000/- (Rupees One Lakh Twenty Five Thousand Only) to respondent no.3 vide a Demand Draft towards the balance of the settled amount.

Photocopy of the same has been placed on record.

Respondent No.3 says that she has received the entire settled amount and she is not willing to pursue the FIR any further and the same may be quashed.

Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.3 before the Mediation Centre, in the interest of justice, FIR No.178/2016 under Sections 498A/406/34 IPC registered at P.S. Crime (Women) Cell, Nanak Pura, Delhi, which is at the investigation stage, 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 SEPTEMBER 01, 2017/nn