Nitin Kumar & ORS v. State (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4872/2017 & CRL MA 19376/2017 NITIN KUMAR & ORS ..... Petitioners Through Ms. Prakriti Deshwal, Adv versus STATE (NCT OF DELHI) & ANR ..... Respondents Through APP for State SI Dharmendra , PS S J Enclave Mr. D S Chandan, Adv for R-2 Kiran

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 24.11.2017 Ms. Kiran, respondent no.2 is present in Court along with her counsel and has been identified by SI Dharmendra of police station Safdarjung Enclave. She submits that she has settled the matter with the petitioner no.1 before the Delhi Mediation Centre, Saket Courts on 3rd June, 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 mutual consent passed by the Family Court, South District, Saket Courts on 30th March, 2017.

Petitioner no.1 has handed over `2,50,000/- vide demand draft (photocopy whereof is on record) to the respondent no.2 toward balance settled amount. Respondent no.2 submits that with this payment entire settled amount stands paid.

She has no objection in case FIR 312/2013 under Sections 498A/34 IPC registered at police station Safdarjung Enclave

against the petitioner no.1 and his relatives, that is, petitioner nos. 2 and 3, is quashed.

Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved and respondent no.2 has no objection in quashing of the FIR, in the interest of justice, FIR 312/2013 under Sections 498A/34 IPC registered at police station Safdarjung Enclave 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 24, 2017 sm