Vikrant Seth & ORS v. The State & ANR

$~36 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4181/2017 VIKRANT SETH & ORS ..... Petitioners Through Mr. Rajiv Raheja, Adv.

versus THE STATE & ANR ..... Respondent Through Mr. G.M. Farooqui, APP with SI Jagdish, P.S. Bindapur for respondent no. 1 Respondent no. 2 in person with counsel (attendance slip not given)

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 15.11.2017 Notice could not be issued to the respondent no. 2 as process fee was not filed.

However, respondent no. 2 is present in Court along with her counsel and accepts notice. She has been identified by SI Jagdish of police station Bindapur.

Respondent no. 2 admits having settled the matter with petitioner no. 1 before the Mediation Centre, Dwarka Courts, New Delhi on 1st September, 2015 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 30th May, 2017 passed by the Family Court, Dwarka, New Delhi.

Petitioner no. 1 has paid `37,500/- to the respondent no. 2 today in Court through demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment she has received the entire settled amount and she is not willing to pursue the FIR any further against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6 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.1099/2014 under Sections 498-A/406/34 IPC registered at Police Station Binda Pur and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

NOVEMBER 15, 2017 r.bararia