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CRL.M.C./4875/2017 of NARESH KUMAR & ORS Vs THE STATE GOVT OF NCT OF DELHI & ANR

Court
Delhi High Court
Decision date
2018-02-02
Case number
4875/2017

Parties

Cites (1)

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IN THE HIGH COURT OF DELHI AT NEW DELHI+CRL.M.C. 4875/2017

NARESH KUMAR & ORS..... PetitionersThroughMr.PradeepKadyanandMohd.Frian, Advs.ThroughMr.PradeepKadyanandMohd.Frian, Advs.

versus

THE STATE GOVT OF NCT OF DELHI & ANR..... RespondentsThroughMs.RajniGupta,APPwithSISandeep of Police Station Begumpurfor respondent no. 1ThroughMs.RajniGupta,APPwithSISandeep of Police Station Begumpurfor respondent no. 1

Mr. Sudhir, Adv. with respondent no.2 in person.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R R%02.02.2018

Respondent no.2 Ms. Geetanjali is present in Court along with hercounsel and has been identified by SI Sandeep of police station Begumpur.Respondent no. 2 admits having settled the matter with petitioner no. 1 ofher own free will, voluntarily and without any undue force, pressure orcoercion. Respondent no. 2 submits that her marriage with the petitionerno.1 has already been dissolved by decree of divorce by mutual consentdated 29[th]April, 2013 passed by the Family Courts, Rohini, Delhi.Petitioner no. 1 has paid `3,25,000/- (`3,00,000/- towards settled amount +

`25,000/- towards compensation for delay in payment) to the respondent no.2 vide cheque, photocopy whereof has been placed on record.Respondent no. 2 has accepted this amount, subject to encashment of thesaid cheque. Respondent no. 2 says that she has no objection in case FIR isquashed against the petitioner no. 1 and his relatives, that is, petitioner nos. 2to 5, subject to encashment of the cheque.

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.139/2011 under Sections 498-A/406 IPCregistered at Police Station Begum Pur and the consequent proceedingsemanating therefrom are quashed, subject to encashment of the said cheque.Petition is disposed of in the above terms. Dasti.

FEBRUARY 02, 2018r.bararia

A.K. PATHAK, J