Raman Kumar & ORS v. NCT Of Delhi & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3726/2017 RAMAN KUMAR & ORS ..... Petitioners Through:

Mr. Kuldeep Mansukhani and Mrs.

Savita Dalal, Advs.

along with petitioners in person.

versus NCT OF DELHI & ORS ..... Respondents Through:

Mr.

M.S.

Oberoi, APP with ASI Suresh, P.S. Mangol Puri.

Ms. Priyam Mehta, Adv. for R-2 along with Mr. Piar Chand, Father of R-2.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.11.2017 Mr. Piar Chand, father of respondent no.2-Mamta is present in court along with his counsel and has been identified by ASI Suresh of police station Mangol Puri. It is submitted that Mr. Piar Chand holds the General Power of Attorney in his favour duly executed by his daughter Mamta-respondent no.2. General Power of Attorney has been placed on record. It is submitted that petitioner no.1 and respondent no.2 have settled their disputes before the Family Court on 16th April, 2013.

Copy of the proceedings of the Family Court containing terms of the settlement have been placed on record as Annexure B at pages 38 and 39. It is further submitted that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, North West District,

Rohini Court, New Delhi on 6th June, 2016. It is further submitted that entire settled amount has already been paid to the respondent no.2. Affidavit of respondent no.2 is also on record wherein she has deposed that she has resolved all her disputes of her own free will and without any undue force, pressure or coercion and that she is not willing to pursue the matter any further against the petitioners.

In para 3 of the affidavit, respondent no.2 has categorically deposed that she has no objection in case FIR is quashed. Mr. Piar Chand submits that he has instructions from his daughter-Mamta to convey to this Court that respondent no.2 has no objection in quashing of the FIR against the petitioner no.1 and his relatives that is, petitioner nos. 2 to 5. He also confirms that respondent no.2 has received entire settled amount. Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, FIR No. 163/12 under sections 498A/406 IPC registered at Police Station Mangol Puri and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

NOVEMBER 30, 2017 ga