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High Court of DelhiCRL.M.C./167/2018

Amit Kumar @ Guddu v. The State Govt Of NCT Of Delhi & ANR

2019-03-13Hon'Ble Mr. Justice Chander Shekhar2 pages

$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 167/2018 AMIT KUMAR @ GUDDU ..... Petitioner Through:

Mr. R.K. Panwar, Advocate versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Mr. Panna Lal Sharma, APP with ASI Ravinder Kumar, PS:Sonia Vihar, Delhi Mr. Rahul Tyagi, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 13.03.2019 1.

The petitioner has filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.143/2010, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC'), read with Section 4 of Dowry Prohibition Act, 1961 (DP Act), registered at P.S.: Sonia Vihar, Delhi and the proceedings emanating therefrom.

2.

Learned counsel for the petitioner submitted that the petitioner did not know about the filing of the challan before the Trial court, hence, could not file the petition, earlier, for quashing of the FIR. 3.

The petitioner and respondent No.2 as well as their respective counsel submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 24.5.2011 and the

petitioner and respondent No.2 have been living together since 28.5.2011.

4.

Respondent No.2 has reiterated the aforesaid facts and submitted that she is living happily with the petitioner and has no grievance at all against him; she further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioner as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the 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. 143/2010, under Sections 498-A/406/34 of the IPC, read with Section 4 of the DP Act, registered at P.S.: Sonia Vihar, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 13, 2019 tp