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High Court of DelhiCRL.M.C./3438/2017

Pankaj Sharma & ORS v. The State Govt Of NCT Of Delhi & ANR

2017-10-10Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3438/2017 PANKAJ SHARMA & ORS ..... Petitioners Through:

Mr. J.P. Malviya, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR.

.... Respondents Through:

Ms. Meenakshi Dahiya, APP with SI Suresh Chand, P.S. S.P. Badli.

Mr. Arvind Mishra, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 10.10.2017 Respondent no.2 (complainant) is present in Court along with her counsel and has been identified by SI Suresh Chand of police station Samaipur Badli.

Respondent no.2 submits that she has settled the matter with the petitioner no.1 vide Memorandum of Understanding dated 13th October, 2016 voluntarily and without any undue force, pressure or coercion. Petitioner nos. 2 and 3 relatives of petitioner no.1. Respondent no.2 further submits that her marriage with the petitioner no.1 has already been dissolved North West District, Rohini Court, New Delhi on 13th July, 2017. She further submits that she has already received `10 lacs till now. In terms of the settlement, petitioner no.1 has handed over two demand drafts,

that is, `8 lacs in favour of respondent no.2 and `5 lacs in favour the daughter from the wedlock of petitioner no.1 and respondent no.2, namely, Shrishti.

Respondent no.2 submits that with this payment entire settled amount stands paid and she has no objection in case FIR is quashed. Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2 and the fact that their marriage has already been dissolved, in the interest of justice, FIR No. 294/2013 under Sections 498A/406 IPC registered at police station Samaipur Badli and the consequent proceedings emanating therefrom are quashed.

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

Dasti.

A.K. PATHAK, J.

OCTOBER 10, 2017 ga