Sumit Maggo & ORS v. The State Govt Of NCT Of Delhi & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 4543/2017 SUMIT MAGGO & ORS ..... Petitioners Through Mr. Arbind Kumar, Adv versus THE STATE GOVT OF NCT OF DELHI & ANR .... Respondents Through Ms. Manjeet Arya, APP for State SI Jagdish PS Bindapur
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 07.11.2017 Respondent no. 2 Ms. Komal is present in Court and has been identified by SI Jagdish of Police Station Bindapur. Respondent no.2 submits that she has settled the matter with the petitioner no.1 with the intervention of elders in the family vide Memorandum of Understanding dated 5th September, 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, Dwarka, Delhi on 1st June, 2017. Respondent no. 2 submits that she has already received the entire settled amount and 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.
Petitioner no. 1 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 no.1 and his relatives, that is, petitioner nos. 2 and 3 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. 911/2014 under Section 498-A/406/34 IPC and under Sections 3 & 4 of Dowry Prohibition Act, 1961 Police Station Bindapur 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 07, 2017 sm