Kuldeep Kumar & ORS v. The State (Govt. Of NCT Delhi) & ANR

$~25 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: December 10, 2019 + W.P.(CRL) 3433/2019 and CRL.M.A. 42271/2019 KULDEEP KUMAR & ORS ..... Petitioners Through Mr.

B.S.

Barthwal and Mr.

Manjesh Giri, Advocates alongwith petitioners in person versus THE STATE (GOVT. OF NCT DELHI) & ANR ..... Respondents Through Mr. Sanjay Lao, ASC with Mr.

Karanjeet Sharma, Advocate for State/Respondent no.1 alongwith ASI Rohitash, P.S.: Aman Vihar Mr. Arvind Duggal, Advocate for Respondent no.2 alongwith Respondent no.2 in person

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

JUDGMENT

BRIJESH SETHI, J (oral) The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 0160/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860, r/w Section 4 Dowry Prohibition Act registered at P.S.: Aman Vihar and the proceedings emanating therefrom.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

W.P.(Crl.) 3433/2019

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Mediation Centre, Rohini District Courts, Delhi on 24.09.2018. The parties have already obtained divorce by mutual consent on 08.08.2019. The settlement amount was Rs. 2,25,000/-, out of which Rs. 75,000/- has been paid to respondent no.2 at the time of first motion and Rs. 75,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 75,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record. Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.

2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed. In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0160/2016, under Sections 498A/406/34 of the IPC r/w Section 4 Dowry Prohibition Act, registered at P.S.: Aman Vihar and the proceedings emanating therefrom are quashed. Petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 10, 2019/savita W.P.(Crl.) 3433/2019