Shri Abhishek Sharma & ORS v. State NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5169/2017 SHRI ABHISHEK SHARMA & ORS ..... Petitioners Through:

Mr. Nakul Arora, Adv. with petitioner no.1.

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

Dr. M.P. Singh, APP for State with ASI Ajay Pal, P.S. CAW Cell.

Respondent no.2 in person along with counsel (appearance slip not given).

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.12.2017 Crl. M.A. 20358/2017 Delay in refilling is condoned. Application is disposed of. Crl. M.C. 5169/2017 Smt. Bhawana/respondent no.2 is present in Court along with her counsel. She has been identified by ASI Ajay Pal of CAW Cell, East District. Respondent no.2 submits that she has settled the matter with the petitioner no.1 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 by mutual consent on 5th October, 2016 by the Family Court, East District, Vishwas Nagar, Delhi. It is submitted that parties have settled their disputes amicably before the Delhi

Mediation Centre, Karkardooma Courts, Delhi on 10th October, 2015, therefore, aforesaid FIR and the consequent proceedings emanating therefrom may be quashed. Petitioner no.1 has paid `50,000/- to the respondent no.2 today in Court through a cheque, photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire settled amount, that is, `3.50 lacs stands paid and she has no objection in case FIR is quashed qua the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3, subject to realisation of cheque of `50,000/-. Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent and respondent no.2 has no objection in quashing of the FIR, in the interest of justice, FIR No. 281/2013 under Sections 498A/406/34 IPC registered at police station Jagat Puri and the consequent proceedings emanating therefrom are quashed, subject to realisation of aforementioned cheque of `50,000/- Petition is disposed of in the above terms.

Miscellaneous application is disposed of as infructuous.

Dasti.

A.K. PATHAK, J.

DECEMBER 11, 2017/ga