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

$~14 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4244/2017 and Crl. M.A. no. 17027/2017 DEEPAK KUMAR & ORS ..... Petitioners Through Ms. Deepika Tusir and Mr. Rohit Nagpal, Advs.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through Mr. M.S. Oberoi, APP with ASI Raj Singh, P.S. Maya Puri for respondent no. 1 Respondent no. 2 in person with her counsel (attendance slip not given)

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 29.11.2017 Respondent no. 2 Ms. Ritu is present in Court along with her counsel and has been identified by ASI Raj Singh of Police Station Maya Puri. 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 28th November, 2017 passed by the Family Court, Patiala House

Courts, New Delhi. Petitioner no. 1 has paid `3,57,500/- to the respondent no. 2 by a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that she has received the entire settled amount with this payment.

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 and 3 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.8/2013 under Sections 498-A/406/34 IPC registered at Police Station Maya Puri 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 29, 2017 r.bararia