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High Court of DelhiCRL.M.C./2729/2017

Kamal Kishore & ORS v. The State Govt Of NCT Of Delhi & ANR

2017-07-19Hon'Ble Mr. Justice A.K. Pathak2 pages

$~61 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2729/2017 & Crl. M.A. no. 11281/2017 KAMAL KISHORE & ORS ..... Petitioners Through :Mr.

Raghav Narayan, Adv.

for petitioner nos. 1 to 8 versus THE STATE GOVT OF NCT OF DELHI & ANR.... Respondents Through :Mr.

M.S.

Oberoi, APP with SI Bhawani, P.S. Miawali Nagar for respondent no. 1 Mr.

Yogesh Mishra, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 19.07.2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably before the Principal Judge, Family Court, Central District, Tis Hazari Courts, Delhi on 25th March, 2017; therefore, FIR No. 283/2013 under Sections 498-A/406/34 IPC registered at Police Station Mianwali Nagar on the complaint of respondent no. 2, may be quashed. Petitioner nos. 2 to 8 are relatives of petitioner no. 1. Respondent no. 2 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

`1,50,000/- to the respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. She submits that with this payment, entire settled amount stands paid.

Respondent no. 2 further submits that marriage between her and the petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent dated 25th March, 2017 passed by the Principal Judge, Family Court (Central District), Tis Hazari Courts, Delhi.

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 petitioners.

Keeping in mind the fact that settlement has been arrived at between the petitioners and respondent no. 2, inasmuch as, respondent no.2 is not interested in pursuing the FIR any further, in the interest of justice, FIR No. 283/2013 under Sections 498-A/406/34 IPC registered at Police Station Mianwali Nagar 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.

JULY 19, 2017/rb