Karan Malhotra v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3568/2017 KARAN MALHOTRA ..... Petitioner Through:

Mr. Abhishek Gupta, Adv. along with petitioner in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr. G.M. Farooqui, APP for State with SI Amit Kumar, P.S. Punjabi Bagh.

Mr. Nitin Khanna, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.09.2017 It is submitted that petitioner and respondent no.2 have settled their disputes amicably vide Memorandum of Understanding/Settlement dated 10th August, 2016, therefore, FIR No. 475/2013 under Sections 506/406/498A/34 IPC registered at police station Punjabi Bagh may be quashed. Respondent no.2 is present in Court along with her counsel. She has been identified by SI Amit Kumar of police station Punjabi Bagh.

She admits having settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the petitioner has already been dissolved by a decree of divorce by mutual consent passed by the Family Court, Shahdara, Karkardooma Courts, Delhi on 3rd July, 2017. Respondent no.2 further admits having received entire settled amount, that is,

`75 lacs which she received in three instalments, that is, `5 lacs, `60 lacs and `10 lacs at the time of first motion, second motion and quashing of FIR No. 282/2013 under Sections 323/341/506 IPC of police station Vivek Vihar passed in Crl. M.C. 1744/2017 respectively. She further submits that she is not willing to pursue the FIR any further in view of the settlement and the same may be quashed.

Keeping in mind the facts and circumstances as narrated above and the fact that marriage between the petitioner and respondent no.2 has already been dissolved and respondent no.2 has received entire settled amount, in the interest of justice, FIR No. 475/2013 under Sections 506/406/498A/34 IPC registered at police station Punjabi Bagh and the consequent proceedings emanating therefrom are quashed.

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

A.K. PATHAK, J.

SEPTEMBER 05, 2017 ga