Rojit Praveen Vishwakarma & ORS v. The State Govt Of NCT Of Delhi

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 249/2018 ROJIT PRAVEEN VISHWAKARMA & ORS ..... Petitioners Through:

Ms. Sushma Tyagi, Adv.

versus THE STATE GOVT OF NCT OF DELHI ..... Respondent Through:

Mr. G.M. Farooqui, APP with SI Sanjay Kaushik, P.S. Sarai Rohilla.

Mr. M.K. Malhotra, Adv. for R-2 along with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 18.01.2018 Respondent no.2 is present in Court along with her counsel and has been identified by SI Sanjay Kaushik of police station Sarai Rohilla. She submits that she has settled the matter with the petitioner no.1 before the Delhi Mediation Centre, Tis Hazari Court on 22nd September, 2016 of her own free will and without any undue force, pressure or coercion. She further submits that her marriage with petitioner no.1 has already been dissolved by a decree of divorce by mutual consent dated 30th November, 2017 passed by the Family Court. She further submits that she has already received `2.95 lacs out of the total settled amount of `3.90 lacs. She further submits that `95,000/- is lying deposited in the court of Principal Judge, Family Court, Central District, Tis Hazari Court, Delhi. She has no

objection in case the FIR is quashed against the petitioners, subject to release of afore-mentioned amount of `95,000/-. Keeping in view the settlement arrived at between the petitioner no.1 and respondent no.2 voluntarily, in the interest of justice, aforesaid FIR No. 159/2013 under Sections 498A/406/34 IPC registered at police station Sarai Rohilla and the consequent proceedings emanating therefrom are quashed, subject to release of `95,000/- by the Family Court. Family Court shall forthwith release the amount of `95,000/- together with interest accrued thereon, if any, to the respondent no.2.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

JANUARY 18, 2018 ga