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High Court of DelhiCRL.M.C./2515/2017

Akhil Maheshwari & ANR v. The State NCT Of Delhi & ORS

2017-07-07Hon'Ble Mr. Justice A.K. Pathak2 pages

$~28 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2515/2017 AKHIL MAHESHWARI & ANR ..... Petitioners Through:

Mr. S. Satyanarayana, Adv.

versus THE STATE NCT OF DELHI & ORS ..... Respondents Through:

Mr. G.M. Farooqui, APP for State with SI Hansraj Swami, P.S. Dwarka North.

Mr. Abhishek Agarwal, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 07.07.2017 Present FIR No. 374/2015 under Sections 406/498A IPC has been registered against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 4 at police station Dwarka North, on the complaint of respondent no.2. It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably vide Memorandum of Understanding dated 24th August, 2016. Their marriage has also been dissolved by a decree of divorce dated 2nd May, 2017 by mutual consent passed by the Family Court, Dwarka. Respondent no.2 is present in Court and has been identified by SI Hansraj Swami of police station Dwarka North. She admits having settled the matter with the petitioner no.1 of her own free will and without any

undue force, pressure or coercion. Petitioner no.1 has paid `12 lacs to the respondent no.2 through two demand drafts photocopy whereof has been placed on record. Respondent no.2 submits that entire settled amount stands paid and she has no objection in case the FIR is quashed. Keeping in mind that petitioner no.1 and respondent no.2 have settled their disputes amicably, inasmuch as, obtained a decree of divorce by mutual consent, in the interest of justice, FIR No. 374/2015 under Sections 406/498A IPC registered at police station Dwarka North and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

A.K. PATHAK, J.

JULY 07, 2017 ga