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High Court of DelhiCRL.M.C./5299/2017

Harish Kumar & ORS v. Govt Of NCT Of Delhi & ANR

2018-04-04Hon'Ble Mr. Justice A.K. Pathak2 pages

$~30 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5299/2017 HARISH KUMAR & ORS ..... Petitioners Through Petitioner in person versus GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.S.Oberoi, APP for State with W/ASI Anita, P.S.Vikas Puri Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 04.04.2018 Notice could not be issued to respondent no.2 as process fee was not filed. However, respondent no.2 is present in Court and has been identified by W/ASI Anita of police station Vikas Puri. Ms. Yogita, respondent no.2 states that she has settled the matter with petitioner no.1 of her own free will and without any undue force, pressure or coercion. Respondent no. 2 further submits that presently she has no grievance against the petitioners and has no objection in case FIR is quashed against the petitioner no.1 and his relatives, that is, petitioner nos. 2 to 6.

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 11th April, 2017 passed by the Family Court, Dwarka, New Delhi. She further submits that she has received the entire settled amount of `3.5 lacs.

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.172/2016 under Sections 498-A/406/34 IPC registered at Police Station, Vikas Puri and the consequent proceedings emanating therefrom are quashed. Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J APRIL 04, 2018 mw