Naresh Kumar & 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. 4875/2017 NARESH KUMAR & ORS ..... Petitioners Through Mr.

Pradeep Kadyan and Mohd.

Frian, Advs.

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

Rajni Gupta, APP with SI Sandeep of Police Station Begumpur for respondent no. 1 Mr. Sudhir, Adv. with respondent no.

2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 02.02.2018 Respondent no.2 Ms. Geetanjali is present in Court along with her counsel and has been identified by SI Sandeep of police station Begumpur. 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. 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 29th April, 2013 passed by the Family Courts, Rohini, Delhi. Petitioner no. 1 has paid `3,25,000/- (`3,00,000/- towards settled amount +

`25,000/- towards compensation for delay in payment) to the respondent no. 2 vide a cheque, photocopy whereof has been placed on record. Respondent no. 2 has accepted this amount, subject to encashment of the said cheque. Respondent no. 2 says that she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5, subject to encashment of the cheque.

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.139/2011 under Sections 498-A/406 IPC registered at Police Station Begum Pur and the consequent proceedings emanating therefrom are quashed, subject to encashment of the said cheque. Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J FEBRUARY 02, 2018 r.bararia