Naveen Sethi & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4599/2017 NAVEEN SETHI & ORS ..... Petitioners Through:

Mr. Kulbhushan Mehta and Mr. Aditya Mehta, Advs. with petitioner no.1 in person.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Ms. Manjeet Arya, APP with ASI Jitender Singh, P.S. Vivek Vihar.

Mr. Satyender Kumar Sharma, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 09.11.2017 Respondent no.2-Divya Sethi is present in Court along with her counsel and has been identified by ASI Jitender Singh of police station Vivek Vihar. She submits that she has settled the matter with the petitioner no.1 before the Delhi Mediation Centre, Karkardoom Court, Delhi on 3rd November, 2016 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 4th August, 2017 passed by Family Court, Shahdara District, Karkardooma Courts, Delhi. In terms of the Clause 3(iii) of the Settlement dated 03/11/16, FDR for sum of `2.40 lacs in the name of Master Dev has been handed over by the petitioner no.1 to the respondent no.2.

Respondent no.2 submits that she has already

received `3.60 lacs from the petitioner no.1 and with this FDR of `2.40 lacs entire settled amount stands paid. She has no objection in case FIR is quashed. Keeping in mind that petitioner no.1 and respondent no.2 have settled their disputes before the Mediation Centre, inasmuch as, their marriage has also been dissolved by mutual consent, in the interest of justice, FIR No. 0017/2016 under Sections 498A/406/34 IPC registered at police station Vivek Vihar 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 09, 2017 ga