High Court of DelhiW.P.(CRL)/2750/2019

Vivesh Kumar Jayant & ORS. v. State & ANR

2019-09-25Hon'Ble Mr. Justice Brijesh Sethi2 pages

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2750/2019 VIVESH KUMAR JAYANT & ORS.

..... Petitioners Through Mr. Yatinder Lal and Mr. Ravish Roshan, Advocates versus STATE & ANR ..... Respondents Through Mr. Rajesh Mahajan, ASC for the State with SI Dharmendra Kumar, P.S.: G.T.B. Enclave

CORAM:

HON'BLE MR. JUSTICE BRIJESH SETHI

O R D E R

% 25.09.2019 CRL.M.A. 36835/2019 (exemption) Allowed, subject to all just exceptions.

W.P.(CRL) 2750/2019 The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 97/2013, under Sections 498A/406/34 of the Indian Penal Code, 1860, r/w Section 4 Dowry Prohibition Act registered at P.S.: G.T.B. Enclave and the proceedings emanating therefrom.

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

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Mediation Centre on 12.02.2016. The

parties have already obtained divorce by mutual consent on 22.11.2016. The settlement amount was Rs. 4,00,000/-, out of which Rs. 1,50,000/- has been paid to respondent no.2 at the time of first motion and Rs. 1,50,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 1,00,000/- 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. 97/2013, under Sections 498A/406/34 of the IPC r/w Section 4 Dowry Prohibition Act, registered at P.S.: G.T.B. Enclave and the proceedings emanating therefrom are quashed.

Petition stands disposed of accordingly.

BRIJESH SETHI, J SEPTEMBER 25, 2019 savita