High Court of DelhiCRL.M.C./4382/2017

Vikas Aggarwal & ORS v. The State NCT Of Delhi & ANR

2017-10-30Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4382/2017 VIKAS AGGARWAL & ORS ..... Petitioners Through Mr. Sumit K Khatri, Adv versus THE STATE NCT OF DELHI & ANR ..... Respondents Through Mr. M S Oberoi, APP for State SI Sanjay , PS Shakupur

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 30.10.2017 Respondent no.2 Ms. Shelly Gupta is present in Court and has been identified by SI Sanjay of Police Station Shakarpur. Respondent no.2 submits that she has settled the matter with the petitioner no. 1 before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 21st February, 2017 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 Court, Central District, Tis Hazari Courts, New Delhi on 20th September, 2017. Petitioner no.1 has handed over a cheque bearing no.754671 dated 30th October, 2017 for a sum of `50,000/- drawn on SBI, D B Gupta Road Branch, Paharganj, Delhi to respondent no.2 in the Court today. Respondent no.2 submits that with encashment of this cheque, entire settled amount would stand received by her towards full and final settlement. Respondent no.2 further submits that she is not willing to pursue FIR 2548/2014 under

Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi against the petitioner no.1 any further and the same may be quashed. Petitioner nos. 2 to 6 are relatives of petitioner no.1.

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 2548/2014 under Sections 498A/406/34 IPC registered at PS Shakarpur, Delhi, which is still at investigation stage, is quashed. Petition is disposed of in the above terms. Miscellaneous application is disposed of as infructuous. Dasti.

A.K. PATHAK, J OCTOBER 30, 2017 sm