CRL.M.C./4181/2017 of VIKRANT SETH & ORS Vs THE STATE & ANR
Parties
- VIKRANT SETH & ORS (PETITIONER)
- THE STATE & ANR (RESPONDENT)
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Statutes cited (1)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+CRL.M.C. 4181/2017
VIKRANT SETH & ORS..... PetitionersThroughMr. Rajiv Raheja, Adv.ThroughMr. Rajiv Raheja, Adv.
versus
THE STATE & ANR..... Respondent
ThroughMr. G.M. Farooqui, APP with SIJagdish, P.S. Bindapur for respondentno. 1Respondent no. 2 in person withcounsel (attendance slip not given)Jagdish, P.S. Bindapur for respondentno. 1Respondent no. 2 in person withcounsel (attendance slip not given)
CORAM:HON'BLE MR. JUSTICE A.K. PATHAK
O R R%15.11.2017
Notice could not be issued to the respondent no. 2 as process fee wasnot filed.However, respondent no. 2 is present in Court along with hercounsel and accepts notice. She has been identified by SI Jagdish of policestation Bindapur.Respondent no. 2 admits having settled the matter withpetitioner no. 1 before the Mediation Centre, Dwarka Courts, New Delhi on 1[st]September, 2015 of her own free will, voluntarily and without any undue force,
pressure or coercion.Respondent no. 2 submits that her marriage with thepetitioner no.1 has already been dissolved by decree of divorce by mutualconsent dated 30[th]May, 2017 passed by the Family Court, Dwarka, New Delhi.
Petitioner no. 1 has paid `37,500/- to the respondent no. 2 today in Courtthrough demand draft, photocopy whereof has been placed on record.Respondent no. 2 says that with this payment she has received the entiresettled amount and she is not willing to pursue the FIR any further against thepetitioner no. 1 and his relatives, that is, petitioner nos. 2 to 6 and the same maybe quashed.
Keeping in mind the facts and circumstances as detailed above, moreparticularly, the fact that marriage of petitioner no. 1 and respondent no. 2 hasalready been dissolved by decree of divorce by mutual consent, in the interestof justice, FIR No.1099/2014 under Sections 498-A/406/34 IPC registered atPolice Station Binda Pur and the consequent proceedings emanating therefromare quashed.
Petition is disposed of in the above terms. Dasti.
NOVEMBER 15, 2017r.bararia
A.K. PATHAK, J.