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High Court of DelhiCRL.M.C./4579/2017

Amit Kumar Sharma v. State Of NCT Of Delhi & ANR

2017-11-08Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4579/2017 AMIT KUMAR SHARMA ..... Petitioner Through Mr. Lanu Sunil, Adv with petitioner in person versus STATE OF NCT OF DELHI & ANR ..... Respondents Through Mr. G M Farooqui, APP for State W/SI Rishali Yadav, PS Tilak Nagar Complainant / Respondent no.2 in person with counsel

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 08.11.2017 Respondent no. 2 Smt Jitender Kaur @ Nidhi is present in Court along with her counsel and has been identified by W/SI Rishali Yadav of Police Station Tilak Nagar. Respondent no.2 submits that she has settled the matter with the petitioner no.1before the Mediation Centre, Tis Hazari Courts, Delhi on 27th January, 2016, of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent passed by the Family Courts, Tis Hazari Courts, Delhi on 13th February, 2017.

Petitioner has paid `1,00,000/- to the respondent no. 2 towards balance settled amount vide a demand draft, photocopy whereof has been placed on record.

Respondent no. 2 submits that entire settled amount

stands paid with this payment. Respondent no. 2 further submits that she is not willing to pursue the FIR any further against the petitioner and the same may be quashed.

Keeping in view the facts and circumstances of the case as detailed above more particularly, the fact that marriage between the petitioner no.1 and respondent no.2 has already been dissolved, in the interest of justice, FIR No. 122/2010 under Section 498-A/406/34 IPC registered at Police Station Tilak Nagar and the consequent proceedings emanating thereform are quashed.

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

Dasti.

A.K. PATHAK, J NOVEMBER 08, 2017 sm