Dinesh Chand & ORS v. State (NCT Of Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 859/2018 DINESH CHAND & ORS ..... Petitioners Through Mr.
Raman Rai and Mr.
Vijay Sharma, Advs.
versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Meenakshi Dahiya, APP with SI O.P. Mandal, P.S. Ranjit Nagar for respondent no. 1 Respondent no. 2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 20.02.2018 Crl. M.A. No. 3171/2018 (condonation of delay) Delay in re-filing is condoned. Application is disposed of. CRL.M.C. 859/2018 Respondent no.2 Ms. Hemlata Tanwar is present in Court and has been identified by SI O.P. Mandal of police station Ranjit 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 the Counselling Cell, Family Courts, West District, Tis
Hazari Courts, Delhi on 7th December, 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 31st August, 2017 passed by the Family Courts, West District, Tis Hazari Courts, Delhi. Petitioner no. 1 has paid `2,50,000/- to the respondent no. 2, vide two demand drafts, photocopies whereof have been placed on record.
Respondent no. 2 says that entire settled amount of `5,00,000/- stands paid with this payment and she has no objection in case FIR is quashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2 to 5.
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.353/2016 under Sections 498-A/406/506/34 IPC registered at Police Station Ranjit Nagar and the consequent proceedings emanating therefrom are quashed.
Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.
FEBRUARY 20, 2018 r.bararia