Kanishak Kapoor v. State NCT Of Delhi & ANR

$~3 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3140/2017 & Crl. M.A. no. 12967/2017 KANISHAK KAPOOR ..... Petitioner Through : Mr. Manish Sharma, Adv.

versus STATE NCT OF DELHI & ANR ..... Respondents Through :Mr. M.S. Oberoi, APP with ASI Mitra Pal Tomer, P.S. Hauz Qazi for respondent no. 1 Counsel for the respondent no. 2 with respondent no.

in person (attendance slip not given)

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 14.09.2017 It is submitted that petitioner and respondent no.2 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Courts, Delhi on 22nd April, 2016; therefore, FIR No.121/2013 under Sections 498A/406/34 IPC registered at police station Hauz Qazi and the consequent proceedings emanating therefrom, may be quashed. Respondent no. 2 is present in Court along with her counsel and has been identified by ASI Mitra Pal Tomer, P.S. Hauz Qazi. Respondent no. 2 says that she has settled the matter with the petitioner of her own free will and without any undue

force, pressure or coercion.

Respondent no. 2 submits that her marriage with the petitioner has already been dissolved by a decree of divorce by mutual consent on 1st February, 2017 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi.

Petitioner has paid `1,50,000/- to the respondent no. 2, vide a demand draft bearing no. 029774 dated 25th July, 2017 drawn on Bank of India, New Agra Branch, Agra, U.P. Respondent no. 2 further 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 and the same may be quashed.

Keeping in view the settlement arrived at between the petitioner and respondent no. 2 voluntarily, in the interest of justice, FIR No.121/2013 under Sections 498-A/406/34 IPC registered at police station Hauz Qazi 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.

SEPTEMBER 14, 2017 rb