Anupam Saini & ORS v. Starte (NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 5497/2017 ANUPAM SAINI & ORS ..... Petitioners Through Mr.

Sameer Chandra, Mr.

S.C.

Mohan Mehta and Mr.

Tushar Chhabra, Advs.

versus STARTE (NCT OF DELHI) & ANR ..... Respondents Through Ms. Neelam Sharma, APP with SI Jainender Kumar, P.S. Anand Vihar for respondent no. 1 Mr.

Zubair Raza, Adv.

with respondent no. 2 in person

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.01.2018 Crl. M.A. no.21379/2017 (exemption) Allowed, subject to all just exceptions. Application is disposed of. CRL.M.C. no. 5497/2017 Respondent no.2 Ms. Parul Saini is present in Court along with her counsel and has been identified by SI Jainender Kumar of police station Anand 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 28th October, 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 18th December, 2017 passed by the Family Courts, Shahdara District, Karkardooma, Delhi. Petitioner no. 1 has paid `5,00,000/- to respondent no. 2 vide a demand draft, photocopy whereof has been placed on record. Respondent no. 2 says that entire settled amount of `13,00,000/- stands paid 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.851/2015 under Sections 498-A/406/377/34 IPC registered at Police Station Anand Vihar and the consequent proceedings emanating therefrom are quashed.

Petition is disposed of in the above terms. Dasti. A.K. PATHAK, J.

JANUARY 05, 2018 r.bararia