Kanwar Jit Singh & ORS. v. State & ANR.

$~45 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 842/2020 KANWAR JIT SINGH & ORS.

..... Petitioners Through:

Mr. Surender Mishra, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Ms. Rajni Gupta, APP for the State with ASI Mahender Parkash, PS Paschim Vihar.

Mr. A.D. Dubey, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 14.02.2020 1.

Issue notice.

Learned APP for the State, who appears on advance notice, accepts notice. Learned counsel for respondent No.2 enters appearance and accepts notice.

2.

This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.243/2019, under Sections 498A/406/34 IPC registered at Police Station-Paschim Vihar, District-West, Delhi, and all proceedings emanating therefrom. 3.

The brief facts of the case are that the respondent No.2 got married to the son of petitioner nos. 1 and 2 on 31.10.2015 according to Hindu rites and ceremonies. On 19.09.2018 husband of respondent no. 2 died in Appolo Hospital, Delhi. On 01.06.2019, the respondent

No.2 got the above said FIR registered against the petitioners for causing cruelties and demand of dowry.

4.

Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably before the Delhi Mediation Centre, Tish Hazari Courts, Delhi, in terms of the order dated 25.11.2019. Copy of the same is placed on record. 5.

Respondent No.2 is present in Court today and she has been identified by the IO. The respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. As per settlement, two demand drafts bearing nos. 117385 and 247870 in the sum of Rs.5,00,000/- each, both dated 06.01.2020, have been handed over to the respondent No.2 in the Court today.

Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed.

6.

Learned counsel for the State submits that in view of the settlement between the parties, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will be nothing but abuse of the process of law.

Consequentially, FIR No.243/2019, under Sections 498A/406/34 IPC registered at Police Station-Paschim Vihar, District-West, Delhi, and the proceedings emanating therefrom shall stand quashed.

8.

The present petition stands disposed of accordingly. Dasti.

RAJNISH BHATNAGAR, J FEBRUARY 14, 2020 AK