Suraj & ORS. v. State & ANR.
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 3542/2019 SURAJ & ORS.
..... Petitioners Through:
Mr Vijay Tyagi and Ms Nisha Sharma, Advocates.
versus STATE & ANR.
..... Respondents Through:
Mr Anuj Bhadana, Advocate for Mr Avi Singh, ASC for State with W/SI Veera Sharma, PS Seelampur.
Mr Bhuvneshwer Sharma, Advocate for R-2.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
O R D E R
% 20.12.2019 CRL.M.A. 43131/2019 1.
Allowed, subject to all just exceptions.
W.P.(CRL) 3542/2019 2.
The petitioners have filed the present petition, inter alia, praying that FIR No.0540/2018 under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 and all proceedings emanating therefrom, be quashed.
3.
The FIR in question was registered at the instance of respondent no.2. Respondent no. 2 is present in Court and is identified by the Investigating Officer.
She states that she had filed the FIR in question in view of matrimonial disputes that had arisen between her and her husband (petitioner no.1). She states that she has since resolved all her disputes with
her husband and his family members (petitioners herein). She states that she and petitioner no.1 have secured a decree of divorce by mutual consent. She further states that she had entered into a Settlement Agreement with petitioner no.1 before the Family Court, Karkardooma, Delhi in Suit No.MT-1187/18.
A copy of the said Settlement Agreement dated 19.02.2019 has been placed on record.
4.
In terms of the said settlement, petitioner no.1 had agreed to pay a sum of ₹2,00,000/- to respondent no. 2 and return all stridhan articles in full and final settlement of all her claims. Respondent no.2 acknowledges that she has received a sum of ₹1,70,000/- and all stridhan/dowry articles in terms of the said settlement. She states that with the receipt of the balance amount of ₹30,000/-, she would have no further claims against the petitioners.
5.
The petitioners have today handed over a sum of ₹30,000/- in cash to respondent no.2. She has received the same in full and final settlement of all her claims. She joins the petitioners in praying that the FIR in question be quashed.
6.
The petitioners are present in Court and identified by their counsel. They state that they have no grievances against respondent no.2. 7.
In view of the above, this Court considers it apposite to allow the present petition.
8.
Accordingly, FIR No. 0540/2018 under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 and all proceedings emanating therefrom, are quashed.
9.
The concerned parties (petitioners and respondent no.2) shall sign this order an acknowledgment of the statements recorded herein. VIBHU BAKHRU, J DECEMBER 20, 2019 MK