Manoj Kumar v. The State NCT Of Delhi & ANR

$~25 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3528/2017 and Crl. M.A. nos. 14373/2017 & 14375/2017 MANOJ KUMAR ..... Petitioner Through Mr. Neeraj Kumar Jha, Adv.

versus THE STATE NCT OF DELHI & ANR ..... Respondents Through Mr. G.M. Farooqui, APP with SI Maya Devi, P.S. Nihal Vihar Mr.

Ankit Chauhan, Adv.

with respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.04.2018 Respondent no.2 Ms. Radha is present in Court along with her counsel and has been identified by SI Maya Devi of police station Nihal Vihar. 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 before the Delhi High Court Mediation and Conciliation Centre on 29th August, 2014.

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 5th October, 2016 passed by the Family Courts, West District, Tis Hazari Courts, Delhi.

Petitioner no. 1 has paid `1,25,000/- to the

respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `3,75,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6.

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.159/2014 under Sections 498-A/406/34 IPC registered at Police Station Nihal Vihar 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.

APRIL 02, 2018 r.bararia