Amit Kumar & ORS v. The State Govt Of NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3241/2017 & Crl. M.A. no. 13329/2017 AMIT KUMAR & ORS ..... Petitioners Through : Mr. M. Naushad, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through :Ms. Manjeet Arya, APP with SI Satish Kumar, P.S. Ambedkar Nagar for respondent no. 1 Respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 21.08.2017 It is submitted that petitioner no. 1 and respondent no. 2 have settled their disputes amicably; therefore, FIR No.500/2013 under Sections 498A/406/34 IPC registered at Police Station Ambedkar Nagar on the complaint of respondent no. 2, may be quashed.

Petitioner nos. 2 and 3 are relatives of petitioner no. 1.

Respondent no. 2 is present in Court and has been identified by SI Satish Kumar, P.S. Ambedkar Nagar. Respondent no. 2 submits that her marriage with petitioner no. 1 has already been dissolved by a decree of divorce by mutual consent dated 18th January, 2017 passed by the Family Courts, South District, Saket Court, New Delhi. Respondent no.

2 admits having received `3,00,000/- from the petitioner no. 1 till now. Petitioner no. 1 has handed over a cheque bearing no. 370911 dated 21st August, 2017 for `2,10,000/- drawn on Bank of India, Ambedkar Nagar Branch, New Delhi , which has been accepted by the respondent no. 2, subject to its realization.

Respondent no. 2 further submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion and she has no objection in case FIR is quashed.

Keeping in view the settlement arrived at between petitioners and respondent no.2, in the interest of justice, FIR No.500/2013 under Sections 498-A/406/34 IPC registered at Police Station Ambedkar Nagar and the consequent proceedings emanating therefrom are quashed, subject to realization of the aforesaid cheque. In case cheque is dishonoured, criminal proceedings shall stand revived.

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

A.K. PATHAK, J.

AUGUST 21, 2017 rb