Ram Kishore Sharma & ORS v. State & ANR

$~19 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3525/2017 RAM KISHORE SHARMA & ORS ..... Petitioners Through : Mr. P.K. Anand, Adv.

versus STATE & ANR ..... Respondents Through Mr. G.M. Farooqui, APP with SI Vidyakar Pathak, P.S. Anand Vihar for respondent no. 1 Respondent no. 2 in person along with her counsel (attendance slip not given)

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 16.10.2017 Respondent no. 2 Ms. Babita Sharma is present in Court along with her counsel and has been identified by SI Vidyakar Pathak of Police Station Anand Vihar. Respondent no.2 submits that she has settled the matter with the petitioners of her own free will and without any undue force, pressure or coercion.

She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the learned ADJ, Central District, Tis Hazari Courts, Delhi on 12th December, 2012. Petitioner no. 1 has paid `50,000/- to the respondent no. 2

vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that entire settled amount stands paid with this payment. Respondent no. 2 further submits that she is not willing to pursue the FIR any further against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3 and the same may be quashed. Keeping in view the facts and circumstances of the case as detailed above more particularly, the fact that marriage between the petitioner no.1 and respondent no.2 has already been dissolved, in the interest of justice, FIR No. 276/2008 under Section 31 of the Protection of Women from Domestic Violence Act 2005 registered at Police Station Civil Lines and the consequent proceedings emanating thereform are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J .

OCTOBER 16, 2017 r.bararia