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High Court of DelhiCRL.M.C./2008/2018

Anuj Gupta v. The State Govt Of NCT Of Delhi & ANR

2018-05-11Hon'Ble Mr. Justice A.K. Pathak2 pages

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2008/2018 & Crl MA 7123/2018 ANUJ GUPTA ..... Petitioner Through:

Mr. Triloki Nath, Advocate.

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

Mr. Amit Chadha, APP for State with SI Pawan Kumar from PS Farsh Bazar.

Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.05.2018 Notice.

Learned APP accepts notice for respondent no. 1. Respondent no.2 Ms. Ginni Mittal is present in Court and accepts notice.

Respondent no. 2 has been identified by SI Pawan Kumar of police station Farsh Bazar. Respondent no. 2 admits having settled the matter with petitioner of her own free will, voluntarily and without any undue force, pressure or coercion before the Mediation Centre, Karkardooma Court, Delhi on 25th February, 2015.

Affidavit of respondent No.2 in this regard is also on record. Respondent no. 2 submits that her marriage with the petitioner has already been dissolved by a decree of divorce by mutual

consent dated 17th February, passed by the Family Courts, Karkardooma Court, Delhi.

Respondent No.2 says that she has no objection in case FIR is quashed against the petitioner. Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.65/2011 under Sections 498-A IPC registered at Police Station Farsh Bazar 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 MAY 11, 2018 rd