Atul Kumar Wadhwa & 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. 126/2018 & Crl. M.A. no. 550/2018 ATUL KUMAR WADHWA & ORS ..... Petitioners Through Mr. Vijay Sansanwal, Adv.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through Mr. M.P. Singh, APP with SI Surekha, P.S. Malviya Nagar for the State Respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 11.01.2018 Respondent no.2 Ms. Indu Bala Sharma is present in Court along with her counsel and has been identified by SI Surekha of police station Malviya 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 Mediation Centre, Saket Courts, New Delhi on 27th March, 2017. 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 Courts, South District, Saket Courts, New Delhi. Petitioner no. 1 has paid `65,000/- to the respondent no. 2, vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2

says that entire settled amount of `1,65,000/- 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 4.

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.12/2017 under Sections 498-A/406 IPC registered at Police Station Malviya Nagar 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.

JANUARY 11, 2018 r.bararia