Manish Singh & ORS v. State Of NCT Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2638/2017 MANISH SINGH & ORS ..... Petitioners Through:

Mr. Brijesh Yadav, Adv.

versus STATE OF NCT DELHI & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP for State with SI Dinesh Kumar, P.S. Nihal Vihar.

Mr. Rahul Singh, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.07.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Court on 16th February, 2016 vide Annexure P-2, therefore, FIR No. 106/15 under Sections 498A/406/34 IPC of police station Nihal Vihar may be quashed. Respondent no.2, who is present in Court with her counsel, has been identified by SI Dinesh Kumar of police station Nihal Vihar. Respondent no.2 admits having settled the matter 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 dated 21st December, 2016 passed by the Family Court (West), Tis Hazari, Delhi. Petitioner no.1 has paid `1 lac to the respondent no.2 vide a demand

draft, photocopy whereof has been placed on record towards the balance settled amount.

Respondent no.2 submits that with this payment entire settled amount stands paid and she has no objection in quashing of the FIR. Keeping in mind that petitioner no.1 and respondent no.2 have decided to part their ways, inasmuch as, have obtained a decree of divorce by mutual consent and that respondent no.2 has no objection in quashing of the FIR, in the interest of justice, FIR No. 106/15 under Sections 498A/406/34 IPC registered at police station Nihal Vihar, which is at the investigation stage, is quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JULY 14, 2017 ga