Amit Joshi & ORS v. State Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4857/2017 & Crl. M.A. nos. 19320-21/2017 AMIT JOSHI & ORS ..... Petitioners Through Mr.
Tarun Goomber, Ms.
Priti Goswami and Mr. Jitender Goomber, Advs.
versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with ASI Satya Pal, P.S. Pandav Nagar for respondent no. 1 Mr.
Mahesh Kumar, Adv.
with respondent no. 2 in person.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 23.11.2017 Respondent no. 2 Ms. Manisha Sharma is present in Court and has been identified by ASI Satya Pal of Police Station Pandav Nagar. 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. 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 14th May, 2016 passed by the Family Court, Shahdara, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `2.5 lacs to the respondent no. 2
towards balance settled amount by way of demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment, entire settled amount of `9 lacs stands paid. She 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 to 5 and the same may be quashed. 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.77/2014 under Sections 498-A/406/34 IPC registered at Police Station Pandav Nagar 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.
NOVEMBER 23, 2017 r.bararia