Inayat Luhera v. State Of NCT Of Delhi & ANR.
$~40 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4894/2017 INAYAT LUHERA ..... Petitioner Through:
Mr. Manish Jain, Ms. M. Ganguly, Mr. Deepak K. Bansal, Ms. Rukban Tyagi and Mr. Amit Jain, Advs. along with petitioner in person.
versus STATE OF NCT OF DELHI & ANR.
..... Respondents Through:
Ms. Meenakshi Dahiya, APP with W/ASI Urmila Negi, P.S. Chanakya Puri.
Respondent no.2 in person.
.
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 27.11.2017 FIR No. 239/2014 under Sections 406/498A IPC was registered at police station Chanakya Puri, on the complaint of respondent no.2. It is submitted that petitioner and respondent no.2 have settled their disputes amicably before the Delhi Mediation Centre, Tis Hazari Court, Delhi on 16th February, 2015. Respondent no.2 is present in Court and has been identified by W/ASI Urmila Negi of police station Chanakya Puri. Respondent no.2 admits having settled the matter with the petitioner of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the petitioner has already been dissolved by a decree of
divorce by mutual consent passed by the Family Court, Patiala House Court, New Delhi on 15th December, 2015. She further submits that initially FIR was registered under Sections 406/498A IPC, however, Section 377 IPC was incorporated at the time of filing of charge-sheet. However, charges under Section 377 IPC were not framed by the trial court vide order dated 3rd June, 2017.
Petitioner has paid `2.5 lacs to the respondent no.2 today in Court through a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that with this payment entire settled amount, that is, `8 lacs stands paid. She has no objection in case the FIR is quashed. Keeping in mind that a settlement has been arrived at between the petitioner and respondent no.2, in the interest of justice, aforesaid FIR and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.
Dasti.
A.K. PATHAK, J.
NOVEMBER 27, 2017 ga