Achita Nand Jha & ORS v. The State Govt Of NCT Of Delhi & ORS

$~41 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4477/2017 ACHITA NAND JHA & ORS ..... Petitioners Through:

Mr. P.N. Mishra, Adv. with petitioner no.1 in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS..... Respondents Through:

Mr. G.M. Farooqui, APP with SI Avesh Kumar, P.S. Vivek Vihar.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.11.2017 Respondent no.2 is present in Court and has been identified by SI Avesh Kumar of police station Vivek Vihar.

She submits that she has settled the matter with the petitioners before the Mediation Centre on 1st December, 2016 of her own free will and without any undue force, pressure or coercion, therefore, FIR No. 404/2006 under Sections 406/498-A/34 IPC of police station Vivek Vihar may be quashed. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce dated 22nd September, 2017 passed by Family Court, Shahdara District, Delhi. Petitioner no.1 has paid `50,000/- to the respondent no.1 vide demand draft photocopy whereof has been placed on record.

Respondent no.2 submits that with this payment entire settled amount stand paid. She has no objection in case FIR is quashed. Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved pursuant to a settlement and respondent no.2 has no objection in quashing of the FIR, in the interest of justice, aforesaid FIR 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 03, 2017 ga