Ritesh & ORS v. The State Govt Of NCT Of Delhi & ANR

$~46 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RITESH & ORS ..... Petitioners Represented by:

Mr. K.C. Jain and Ms. Geeta Goswami, Advocates with petitioners in person.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Represented by:

Mr. Premsagar Pal and Mr.

Bhagat Singh, Advocates for Mr. R.S. Kundu, ASC for State with SI Vikram Singh, PS Karawal Nagar.

Mr. Ravinder Kumar, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 15.01.2018 By the present petition the petitioners seek quashing of FIR No. 170/2015 under Sections 498A/406/506/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Karawal Nagar, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the seven petitioners are the only accused and the

respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the Petitioners before the Delhi Mediation Centre, Karkardooma Courts on, 20th August, 2016. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has to pay a sum of ₹ 7.20 lakhs out of which ₹5 lakhs has already been received and the balance amount of ₹2.20 lakhs has been received by her today in Court vide Manager's Cheque No. 083197 dated 12th December, 2017 drawn on HDFC Bank, Delhi.

Respondent No.2 states that now she has no claim whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of settlement. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.

In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto.

question.

Consequently, FIR No. 170/2015 under Sections 498A/406/506/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Karawal Nagar, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 15, 2018 'yo'