Deepak & ORS v. State (Govt Of NCT Of Delhi) & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4731/2017 & Crl. M.A. no. 18848/2017 DEEPAK & ORS ..... Petitioners Through Mr. Manoj Pant, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ORS ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Jeetendra Singh, P.S. Subhash Place for the State Mr.

Manish Dixit, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.11.2017 Respondent no. 2 Neha is present in Court along with her counsel and has been identified by SI Jeetendra Singh of police station Subhash Place. 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, vide a Settlement Deed/MOU dated 12th August, 2016.

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 16th March, 2017 passed by the Family Court, North West District, Rohini Courts, Delhi. Petitioner no. 1 has paid `1,00,000/- to the respondent no. 2,

vide a 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 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.191/2011 under Sections 498-A/406/34 IPC registered at Police Station Saraswati Vihar and the consequent proceedings emanating therefrom are quashed.

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

A.K. PATHAK, J.

NOVEMBER 17, 2017 r.bararia