High Court of DelhiCRL.M.C./4912/2017

Jaideep Azad & ANR v. The State Govt Of NCT Of Delhi & ANR

2017-11-27Hon'Ble Mr. Justice A.K. Pathak2 pages

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. no. 4912/2017 & Crl. M.A. no. 19513/2017 JAIDEEP AZAD & ANR ..... Petitioners Through Mr. Manish Kumar, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. G.M. Farooqui, APP with ASI Suresh Pal, P.S. Moti Nagar for the State Mr.

Gautam Kumar, Adv.

with respondent no. 2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 27.11.2017 Respondent no. 2 Ms. Kriti Vij @ Kriti Azad is present in Court along with her counsel and has been identified by ASI Suresh Pal of Police Station Moti Nagar.

Respondent no. 2 admits having settled the matter with petitioner no. 1 of her own free will, voluntarily and without any undue force, pressure or coercion before Delhi Mediation Centre, Tis Hazari Courts, Delhi on 2nd July, 2016. 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 April, 2010 passed by the Family Court, Tis

Hazari Courts, Delhi. Petitioner no. 1 has paid `6,00,000/- to the respondent no. 2 towards balance settled amount by way of demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that with this payment, entire settled amount stands paid.

She 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 to 5 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.183/2015 under Sections 498-A/406/34 IPC registered at Police Station Moti Nagar 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 27, 2017 r.bararia