Mukesh Mathuriya & ORS. v. State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2819/2019 and CRL.M.A. 37363/2019 MUKESH MATHURIYA & ORS.

..... Petitioners Through:

Mr Nasimuddin and Ms Mukta Singh, Advocates.

Versus

STATE & ANR.

..... Respondents Through:

Mr Karan Jeet Rai Sharma, Advocate for Mr Sanjay Lao, ASC for State.

SI Ashish Sharma, PS Welcome.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 14.11.2019 1.

The petitioners have filed the present petition, inter alia, praying that FIR bearing No. 0260/2016, under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered with Police Station Welcome and all proceedings emanating therefrom, be quashed. 2.

The said FIR was registered at the instance of respondent no.2. 3.

Respondent no.2 is present in Court and is identified by the Investigating Officer. She states that the said FIR was filed in view of the matrimonial disputes between her and petitioner no.1. She further confirmed that she had settled all her disputes with petitioner no.1, in terms of the settlement deed dated 14.07.2017 entered into before the Counselling Cell

(Family Court), Karkardooma, Shahdara, Delhi. The concerned parties (petitioners and respondent no.2) also state that petitioner no.1 and respondent no.2 are now divorced in terms of the decree obtained by mutual consent.

4.

In terms of the said settlement, petitioner no.1 had agreed to pay a total sum of ₹3,70,000/- to her. She acknowledges that she had already received a sum of ₹3,00,000/- and states that with the receipt of a further amount of ₹70,000/-, she would have no further claims against the petitioners.

5.

The petitioners have paid a sum of ₹70,000/- to respondent no.2 in Court in cash. Respondent no.2 states that she has accepted the said amount in full and final settlement. She states that she has no further grievances against the petitioners and joins them in praying that the FIR in question be quashed.

6.

The petitioners are also present in Court and are identified by their counsel. They further stated that they have no further disputes and differences with respondent no.2 and prayed that the FIR in question be quashed.

7.

In view of the statements made by the petitioners and respondent no.2, this Court considers it apposite to allow the present petition. Accordingly, the FIR bearing no. 0260/2016, under Sections 498A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered with Police Station Welcome and all proceedings emanating therefrom, are quashed.

8.

The pending application is also disposed of.

9.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment to the statements recorded herein. VIBHU BAKHRU, J NOVEMBER 14, 2019 RK