Rahul Gupta v. The State & ANR

$~86 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2703/2017 RAHUL GUPTA ..... Petitioner Through :Mr.

Kamal Pandey and Mr.

R.

Kumar, Advs.

with Ms.

Madhu Gupta, Special Power of Attorney of the petitioner in person.

versus THE STATE & ANR ..... Respondents Through :Mr.

M.S.

Oberoi, APP with SI Praveen Kumar, P.S. Mandawali for the respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.07.2017 Crl. M.A. no. 11191/2017 (exemption) Allowed, subject to all just exceptions.

CRL.M.C. 2703/2017 It is submitted that petitioner and respondent no. 2 have settled their disputes amicably before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 12th April, 2016 vide Annexure C; therefore, FIR No. 150/2013 under Sections 498-A/406/34 registered at Police Station Mandawali on the complaint of respondent no. 2, may be quashed. Respondent no. 2

(complainant) is present in Court and has been identified by SI Praveen Kumar, P.S. Mandawali.

She admits having settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion.

She also admits that marriage between her and the petitioner has already been dissolved by a decree of divorce by mutual consent dated 1st July, 2017. Petitioner has paid `1,89,000/- to the respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that with this payment, entire settled amount stands paid. 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 petitioner.

Keeping in mind that marriage between the petitioner and respondent no. 2 has already been dissolved, inasmuch as, respondent no.2 is not interested in pursuing the FIR, in the interest of justice, FIR No. 150/2013 under Sections 498-A/406/34 registered at Police Station Mandawali and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JULY 18, 2017 rb