Kaushal & ORS v. State Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3351/2017 & Crl. M.A. no. 13692/2017 (stay) KAUSHAL & ORS ..... Petitioners Through Mr. Abhishek Sharma, Adv.

versus STATE OF DELHI & ANR.

..... Respondents Through Ms. Manjeet Arya, APP for State with SI Ajay of police station Palam Village Ms.

Saroj Bala, Adv.

with complainant in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 26.02.2018 Respondent no.2 Ms. Manisha is present in Court along with her counsel and has been identified by SI Ajay of police station Palam Village. Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 13th January, 2016 passed by the Family Courts, Dwarka, New Delhi. Respondent no. 2 says that she has received the entire settled amount and she has no objection in case FIR is quashed against the petitioner no. 1 and

his relatives, that is, petitioner nos. 2 to 5. Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.79/2013 under Sections 498-A/406/34 IPC registered at Police Station Palam Village 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.

FEBRUARY 26, 2018 r.bararia