Pranjay Sethi & ORS v. State (NCT Of Delhi) & ANR

$~52 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3003/2019 PRANJAY SETHI & ORS.

..... Petitioners Through Ms Rebecca M. John, Senior Advocate with Mr Aman Sareen, Mr Santosh Kumar, Mr Nishant Pathak, Mr Gurpratap Singh, Advocates.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through Mr Sanjay Lao, ASC with Mr Karanjeet Sharma, Advocate SI Pratima, S/V Pranjay Sethi and Ors.

FIR No. 93/2019 U/s 498-A/406/34 IPC.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 22.10.2019 CRL.M.A. 38911/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

W.P.(CRL) 3003/2019 3.

The petitioners have filed the present petition, inter alia, praying that FIR No. 93/2019 under Sections 498A/406/420/120B/34 of the Indian Penal Code, 1860 (IPC) read with Section 3/4 Dowry Prohibition Act, 1961 registered with Police Station South Campus, New Delhi, and all proceedings arising therefrom be quashed.

4.

The present petition is predicated upon a settlement arrived at between the concerned parties. The FIR in question was registered at the instance of respondent no.2 (Ashima Agarwal) (at the material time the wife

of petitioner no.1). The FIR in question was the outcome of matrimonial differences and disputes that had arisen between the parties. Respondent no.2 has since secured a decree of dissolution of marriage. Petitioner no.1 is present in Court and is identified by his counsel. He has accepted the fact of decree of dissolution of marriage. Respondent no.2 is present in Court and is identified by the Investigating Officer. The petitioners and respondent no.2 state that in terms of their settlement, all articles that had been gifted by either parties to their respective family members have since been returned. 5.

Respondent no.2 states that she has no further claims or grievances against the petitioners. Petitioners also state that they have no grievances or claims against respondent no.2. Both the parties (petitioners and respondent no.2) pray that the FIR in question be quashed. 6.

In view of the statements made by the concerned parties, this Court considers it apposite to allow the present petition. Accordingly, FIR No. 93/2019, under Sections 498A/406/420/120B/34 of the IPC, read with Section 3/4 of the Dowry Prohibition Act, 1961 registered with Police Station South Campus, New Delhi, and all proceedings arising therefrom are quashed. The petitioners and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. VIBHU BAKHRU, J OCTOBER 22, 2019/ pkv