Piyush Sood & ORS v. State & ANR

$~5 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5535/2017 PIYUSH SOOD & ORS ..... Petitioners Through Mr.

K.K.

Jha and Mr.

Ketan Malhotra, Advs.

versus STATE & ANR ..... Respondents Through Ms. Neelam Sharma, APP with SI Saroj Devi, P.S. Kashmeri Gate for the State Mr.

Deepanker Mohan and Mr.

Pranav Siroha, Advs. for respondent no. 2

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.01.2018 Crl. M.A. no.21495/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. Crl. M.A. no.21496/2017 (condonation of delay) Delay in re-filing is condoned. Application is disposed of. CRL.M.C. no. 5535/2017 Respondent no.2 Ms. Kanika Sood @ Neetu Kaur Arora is present in Court along with her counsel and has been identified by SI Saroj Devi of

police station Kashmeri Gate. 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 31st July, 2015 passed by the Family Courts, Central District, Tis Hazari Courts, Delhi. Respondent no. 2 says that she has received the entire settled amount of `1,00,000/- and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 and 3.

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.103/2008 under Sections 498-A/406/34 IPC registered at Police Station Kashmeri Gate and the consequent proceedings emanating therefrom are quashed.

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

JANUARY 05, 2018 r.bararia