Ved Prakash & ORS. v. State NCT Of Delhi And ANR.

$~57 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1259/2024 VED PRAKASH & ORS.

..... Petitioners Through:

Mr. Sharvan Dev with Mr. Shubham Garg, Advocates along with petitioners in person.

versus STATE NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Naresh Kumar Chahar, APP for State along with SI Vijay Pal Singh, P.S. C.W.C. Nanak Pura.

Mr. Nagender Deswal, Advocate for R-2 along with respondent no.2 in person.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 16.02.2024 CRL.M.A. 4991/2024 (exemption) 1.

Allowed, subject to all just exceptions.

2.

Application stands disposed of.

CRL.M.C. 1259/2024 3.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the petitioners praying for quashing of FIR bearing No.85/2011 registered at Police Station C.A.W. Nanak Pura, District SPUW & C Distt., Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

4.

Notice. Mr. Naresh Kumar Chahar, learned APP accepts notice on behalf of the State.

5.

All the petitioners are present before this Court and has been identified by their counsel Mr. Sharvan Dev and Investigating Officer (IO) SI Vijay Pal Singh from Police Station C.A.W. Nanak Pura, District SPUW & C Distt., Delhi.

6.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties before Delhi Mediation Centre, Dwarka Courts, New Delhi on 25.03.2023.

7.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members. 8.

The petitioner no. 1 had paid a sum of Rs.4,50,000/- in three installments in the following manner:

a. First installment of Rs.1.5 Lakhs deposited was paid to respondent no. 2 at the time of first motion petition.

b. Second installment of Rs.1.5 Lakhs paid to respondent no. 2 at the time of recording of the statement of the second motion petition. c. Third/Final instalment of Rs.1.5 lakhs to be paid at the time of quashing of the FIR before the Hon‟ble High Court at New Delhi. 9.

The complainant who is present in Court states that she has received the last and final instalment of Rs.1.5 Lakhs today, i.e., 16.02.2024 vide DD The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

No.686745 drawn on Punjab National Bank, Najafgarh Village, New Delhi dated 11.12.2023 and has no objection, if the FIR is quashed. 10.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 11.

Accordingly, FIR bearing No.85/2011 registered at Police Station C.A.W. Nanak Pura, District SPUW & C Distt., Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed.

12.

The petition stands disposed of.

13.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J FEBRUARY 16, 2024/hs Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.