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CRL.M.C./1085/2018 of MUNIRATHNAM & ORS Vs THE STATE GOVT OF NCT OF DELHI & ANR

Court
Delhi High Court
Decision date
2018-02-28
Case number
1085/2018

Parties

Cites (1)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 1085/2018 & Crl. M.A. Nos. 3911-12/2018

MUNIRATHNAM & ORS..... PetitionersThroughMr. G. Sivabal Amurugan and Ms.Vandana, Advs.ThroughMr. G. Sivabal Amurugan and Ms.Vandana, Advs.

versus

THE STATE GOVT OF NCT OF DELHI & ANR..... RespondentsThroughMr. G.M. Farooqui, APP for Statewith ASI Aman Kumar, P.S. CWCNanakpura for respondent no. 1Mr.RajeshSingh,Adv.withrespondent no. 2 in personThroughMr. G.M. Farooqui, APP for Statewith ASI Aman Kumar, P.S. CWCNanakpura for respondent no. 1Mr.RajeshSingh,Adv.withrespondent no. 2 in person

CORAM:HON'BLE MR. JUSTICE A.K. PATHAK

O R R%28.02.2018

Respondent no.2 Ms. M. Silambi is present in Court along with hercounsel and has been identified by ASI Aman Kumar of police stationCrime (Women) Cell, Nanak Pura. Respondent no. 2 admits having settledthe matter with petitioner no. 1 of her own free will, voluntarily and withoutany undue force, pressure or coercion before the Mediation Centre, DwarkaCourts, New Delhi on 3[rd]April, 2017. Respondent no. 2 submits that hermarriage with the petitioner no.1 has already been dissolved by decree ofdivorce by mutual consent dated 16[th]January, 2018 passed by the Family

Court, Patiala House Courts, New Delhi.Petitioner no. 1 has paid`1,25,000/- to the respondent no. 2, vide demand draft, photocopy whereofhas been placed on record. Respondent no. 2 says that entire settled amountof `4,50,000/- stands paid with this payment and she has no objection incase FIR is quashed against the petitioner no. 1 and his relatives, that is,petitioner nos. 2 and 3.

Keeping in mind the facts and circumstances as detailed above, moreparticularly, the fact that marriage of petitioner no. 1 and respondent no. 2has already been dissolved by decree of divorce by mutual consent, in theinterest of justice, FIR No.45/2012 under Sections 498-A/406/34 IPCregistered at Police Station Crime (Women) Cell, Nanak Pura and theconsequent proceedings emanating therefrom are quashed.

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

FEBRUARY 28, 2018

r.bararia

A.K. PATHAK, J.