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High Court of DelhiCRL.M.C./3066/2017

Ashish Kumar & ANR v. State (Govt Of NCT Of Delhi) & ANR

2017-08-08Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3066/2017 ASHISH KUMAR & ANR ..... Petitioners Through:

Mr. Sunil Parashar, Adv.

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

Ms. Manjeet Arya, APP for State with SI Sharda, P.S. Bindapur.

Mr. Neeraj Verma, Adv. for R-2 with R-2 in persons.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.08.2017 It is submitted that petitioner no.1 and respondent no.2 have settled their disputes amicably, therefore, FIR No. 906/2015 under Sections 498A/406/34 IPC registered at police station Bindapur may be quashed. Petitioner no.2 is mother of petitioner no.1. Respondent no.2 is present in Court along with her counsel and has been identified by W/SI Sharda of police station Bindapur. She submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion. She also submits that her marriage with the petitioner no.1 has also been dissolved by a decree of divorce by mutual consent passed by the Family Courts, Dwarka on 23rd

August, 2016. In terms of the settlement, petitioner no.1 has paid `1 lac to the respondent no.2 today in Court by way of a demand draft, photocopy whereof has been placed on record. Respondent no.2 submits that she is not willing to pursue the FIR any further in view of the settlement and the same may be quashed.

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 is not willing to pursue the FIR any further, in the interest of justice, FIR No. 906/2015 under Sections 498-A/406/34 IPC registered at police station Bindapur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous.

A.K. PATHAK, J.

AUGUST 08, 2017 ga