High Court of DelhiCRL.M.C./5337/2017

Shashidhar Rai & ORS v. The State Govt Of NCT Of Delhi & ANR

2017-12-18Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5337/2017 & Crl. M.A. no.20898/2017 SHASHIDHAR RAI & ORS ..... Petitioners Through Mr. Prakash Khandelwal, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI Samrat Khatiyan, P.S. Harsh Vihar for the respondent no. 1 Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.12.2017 Respondent no. 2 Ms. Ruchi Rai is present in Court and has been identified SI Samrat Khatiyan of police station Harsh Vihar. 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 the Delhi Mediation Centre, Karkardooma Courts, Delhi on 2nd March, 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 30th November, 2017 passed by the Family Court, Shahdara District, Karkardooma Courts, Delhi. Petitioner no. 1 has paid `3,00,000/- to the

respondent no. 2 towards balance settled amount vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 submits that entire settled amount of `8,50,000/- stands paid with this payment. 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 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.453/2014 under Sections 498-A/406/34 IPC registered at Police Station Harsh Vihar 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.

DECEMBER 18, 2017 r.bararia