Dinesh Yadav & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2927/2017 DINESH YADAV & ORS ..... Petitioners Through:

Mr. Vipin Yadav, Adv. along with petitioner no.1 in person.

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

Mr. M.S. Oberoi, APP for State with W/SI Manju, CAW Cell, Dwarka.

Mr. Manish Shukla, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.08.2017 Petitioner no.1 is husband of respondent no.2; whereas petitioner nos. 2 to 8 are relatives of petitioner no.1. It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably before the Counselling Cell of Family Court, Dwarka on 4th November, 2016. First motion has already been accepted by the Family Court, Dwarka on 17th January, 2017. Respondent no.2 is present in Court along with her counsel and has been identified by W/SI Manju of CAW Cell. She admits having settled the matter with the petitioner no.1 of her own free will and without any undue force, pressure or coercion. She also admits having received `2.25 lacs from the petitioner no.1 till now out of the total settled amount, that is, `4.50 lacs.

Petitioner no.1 has handed over duly signed second motion petition to the respondent no. 2 in Court, who in turn has returned the papers to the petitioner no.1 after signing, for filing the same in the Family Court within 15 days. The date in the matter shall be informed to the respondent no.2 by the petitioner no.1 so as to enable her to appear before the Court. It is submitted that petitioner no.1 will pay the balance settled amount of `2.25 lacs to the respondent no.2 at the time of acceptance of second motion.

Petitioner no.1 undertakes to cooperate the respondent no.2 in getting the second motion accepted. Respondent no.2 submits that subject to petitioner cooperating with her in getting the second motion accepted and subject to payment of balance amount of `2.25 lacs, present FIR may be quashed.

In view of the settlement arrived at between the petitioners and respondent no.2, FIR No. 211/2016 under Sections 498-A/406/34 IPC registered at police station Jaffarpur Kalan and the consequent proceedings emanating therefrom are quashed, subject to, however, petitioner cooperating with the respondent no.2 at the time of second motion and paying of `2.25 lacs to her. In case petitioner no.1 does not cooperate with the respondent no.2 at the time of second motion and fails to make the

payment of `2.25 lacs, present FIR shall stand revived. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

AUGUST 10, 2017 ga