Piyush Chandgothia & 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. 4727/2017 PIYUSH CHANDGOTHIA & ORS ..... Petitioners Through Mr. Mahesh Singh and Mr. Shashi Kant, Advs.

versus THE STATE GOVT OF NCT OF DELHI & ANR..... Respondents Through Mr. G.M. Farooqui, APP with ASI Satish Kumar, PS. CWC Nanakpura for the State Mr. Naveen Kumar, Mr. A. Rohen Singh, Mr. Mohan Singh and Ms.

Kanika Sehgal, Advs.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 17.11.2017 Crl. M.A. No.

(exemption) {to be numbered} Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. 4727/2017 Respondent no. 2 Garima Dhanuka is present in Court along with her counsel and has been identified by ASI Satish Kumar of Police Station CWC Nanakpura.

Respondent no. 2 admits having settled the matter with petitioner no. 1 before the Delhi Mediation Centre, Patila House Courts, New

Delhi on 17th December, 2016 of her own free will, voluntarily and without any undue force, pressure or coercion. Respondent no. 2 submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 13th November, 2017 passed by the Family Court, Patiala House Courts, New Delhi.

Petitioner no. 1 has paid `9,00,000/- to the respondent no. 2 today in Court through demand draft, photocopy whereof has been placed on record.

Respondent no. 2 says that with this payment she has 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 to 4 and the same may be quashed.

Keeping in mind the facts and circumstances as detailed above, more particularly, the fact that marriage of petitioner no. 1 and respondent no. 2 has already been dissolved by a decree of divorce by mutual consent, in the interest of justice, FIR No.148/2015 under Sections 498-A/406/34 IPC registered at Police Station Crime (Women) Cell, Nanak Pura and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

NOVEMBER 17, 2017 r.bararia