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High Court of DelhiCRL.M.C./12/2018

Akhilesh Kumar & ANR v. The State Govt Of NCT Of Delhi & ORS

2018-01-03Hon'Ble Mr. Justice A.K. Pathak2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 12/2018 AKHILESH KUMAR & ANR ..... Petitioners Through:

Mr. Man Mohan Goel, Adv. along with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ORS ..... Respondents Through:

Dr. M.P. Singh, APP for State with SI Navin Kumar, P.S. Subzi Mandi.

Mr. Nitin Sehgal, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 03.01.2018 Respondent no.2-Smt. Kamini Lodhi is present in Court along with her counsel and has been identified by SI Navin Kumar of police station Subzi Mandi. Respondent no.2 submits that she has settled the matter with the petitioner no.1 vide Memorandum of Understanding dated 15th March, 2017 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with the petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 2nd November, 2017 passed by the Principal Judge, Family Court, Central District, Tis Hazari Court, Delhi.

Petitioner no.1 has paid `6 lacs to the respondent no.2 today in Court vide a demand draft, photocopy whereof has

been placed on record.

Respondent no.2 submits that with this payment entire settled amount, that is, `18 lacs stands paid and she has no objection in case FIR is quashed against all the petitioners. Keeping in mind that marriage between the petitioner no.1 and respondent no.2 has already been dissolved by a decree of divorce by mutual consent and respondent no.2 has no objection in quashing of the FIR, in the interest of justice, FIR No. 277/2010 under Sections 498A/406/34 IPC registered at police station Subzi Mandi 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 03, 2018 ga