W.P.(CRL)/179/2017 of ASHISH PALIWAL & ANR Vs STATE OF DELHI & ANR

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 179/2017 & Crl.M.A.1081/2017ASHISH PALIWAL & ANRASHISH PALIWAL & ANR

..... PetitionersThrough :Mr.DonaDuttaandMr.S.C.Malhotra, Advs.Malhotra, Advs.

versus

STATE OF DELHI & ANR..... Respondents

Through :Mr. Ashish Aggarwal, ASC for R-1with Shyam Sunder PS Dwarka.Mr. Navneet Sharma and Mr. KapilKumar, Advs. for R-2 with R-2 inperson.with Shyam Sunder PS Dwarka.Mr. Navneet Sharma and Mr. KapilKumar, Advs. for R-2 with R-2 inperson.

CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R

%20.01.2017

It is submitted that petitioner no.1 and respondent no.2 have settledtheir disputes before the Mediation Centre, Dwarka Courts, Delhi on 22[nd]February, 2016.It is prayed that FIR be quashed.Respondent no.2 ispresent in Court and admits having settled the matter with petitioner no.1.Petitioner no.2 is relative of petitioner no.1. Respondent no.2 further admitsthat marriage between them has already been dissolved by decree of divorceby mutual consent dated 28[th]November, 2016 by Family Courts, DwarkaCourts, Delhi. Respondent no.2 also admits having received `9 Lacs out ofsettled amount of `14 Lacs. Remaining settled amount of `5 Lacs has been

paid by petitioner no.1 to respondent no.2 vide demand draft no.010591dated 3[rd]January, 2017 for `5 Lacs drawn at IDFC Bank, Gurgaon Golf.She submits that she has no objection in case FIR is quashed.

Keeping in mind the settlement arrived at between respondent no.2and petitioner no.1 and that marriage between them has already beendissolved by decree of divorce by mutual consent and the entire settledamount has been received, in the interest of justice, FIR No.132/2015 underSections 498A/406/34 IPC registered at police station Dwarka Sector-23 isquashed.

Petition is disposed of in the above terms. Miscellaneous applicationis disposed of as infructuous.

JANUARY 20, 2017/dk

A.K. PATHAK, J.