Anil Kumar And ORS v. State Of N.C.T Of Delhi & ANR

$~8 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1180/2019 & CRL.M.A. 4594/2019 ANIL KUMAR AND ORS ... Petitioners Through:

Mr. Javed Ahmad, Adv. with the petitioners in person versus STATE OF N.C.T OF DELHI & ANR .... Respondents Through:

Mr.Panna Lal Sharma, APP with SHO Rajkumar Saha and ASI Suresh Kumar, PS New Usmanpur, New Delhi R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 25.03.2019 CRL.M.A. 4594/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 1180/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.49/2005 under Sections 498-A/406/34 of the Indian Penal Code, 1860 (IPC) and Section 4 of the Dowry Prohibition Act, 1961 (DP Act), registered at Police Station New Usman Pur, New Delhi and the proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion before

the Delhi Mediation Centre, Karkardooma Courts, Delhi on 24.11.2017 in terms whereof the petitioner No.1 and the respondent No.2 are living together happily as husband and wife with their children.

3.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 4.

Respondent No.2, on the query of the Court, submitted that the petitioner No.1 and she are residing together happily with their children and she does not want to continue any criminal proceeding against the petitioners. Respondent No.2 further submitted that she has no objection to the petition being allowed and the FIR being quashed. 5.

The learned counsel for the petitioners submitted that taking into consideration the fact that the parties have settled their disputes and the petitioner No.1 and the respondent No.2 are living together happily, the petitioners may be given a chance to reform and reintegrate into the society as productive members and the aforesaid petition may be allowed and the FIR may be quashed. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court deems it proper to give the petitioners a chance to reform and reintegrate into the society as productive members. Accordingly, in the interest of justice, FIR No. 49/2005 under Sections 498-A/406/34 of the IPC and Section 4 of the DP Act, registered at Police Station New Usman Pur, New Delhi and all the consequential proceedings arising out of the FIR are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 25, 2019/rk