Akash @ Ishan & ORS v. State (Govt Of NCT Of Delhi) & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 198/2017 AKASH @ ISHAN & ORS ..... Petitioners Through:

Mr.R.P.S.Bhatti, Advocate with the petitioners in person.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Izhar Ahmad, APP for State with SI Dinesh Kumar, P.S. Seelampur, Delhi.

Mr.Ashok Kumar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 17.01.2017 Crl.M.A.Nos.891-892/2017 (Exemption) Exemption granted, subject to all just exceptions. Applications stand disposed of.

CRL.M.C. 198/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR No.264/2013, under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at Police Station Seelampur, Delhi and all subsequent proceedings emanating therefrom.

Counsel for the petitioners has submitted that the petitioner No.1 Akash @ Ishan was the husband, petitioner No.2 Sarfraj Masih was the

father-in-law, petitioner No.3 Smt.Anjali Devi @ Anju was the sister-in-law and petitioner No.4 Smt.Shanta Maseeh was the mother-in-law of the respondent No.2/complainant Ms.Sangeeta.

Counsel for the petitioners further submits that the marriage between the petitioner No.1 and the respondent No.2 was solemnized on 06.11.2011. Counsel further submits that after the marriage disputes and difference arose between the parties which resulted into registration of an FIR No.264/2013, under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 at Police Station Seelampur, Delhi. Counsel further submits that after the registration of the FIR, the near relatives and friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi on 02.05.2014. Counsel further submits that the marriage between the petitioner No.1 and the respondent No.2 has already been dissolved vide judgment and decree dated 25.

02.2015 passed by the Principal Judge, Family Courts, North-East Distt. Vishwas Nagar, Delhi. Counsel further submits that as per the settlement, all the amounts have been paid to the respondent No.2/complainant and nothing further remains to be paid or due qua against the petitioners and prays that the present FIR may be quashed. The respondent No.2complainant is present in Court and has been identified by the IO SI Dinesh Kumar, P.S. Seelampur, Delhi and her counsel Mr.Ashok Kumar, Advocate. The respondent No.

nothing remains to be adjudicated further between them. She further admits that her marriage with the petitioner No.1 has already been dissolved vide judgment and decree dated 25.02.2015 passed by the Principal Judge, Family Courts, North-East Distt. Vishwas Nagar, Delhi and further submits that she has no objection if the aforesaid FIR is quashed. Keeping in view the aforesaid facts and circumstances, since the matter has been amicably settled between the parties before the Mediation Centre, Karkardooma Courts, Delhi and the marriage of the petitioner No.1 and the respondent No.2 has already been dissolved and nothing further remains to be adjudicated between them and that all due amounts have been received by the respondent No.2/complainant from the petitioners, I deem it appropriate to quash the aforesaid FIR.

Consequently, to meet the ends of justice, FIR No.264/2013, under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at Police Station Seelampur, Delhi and all subsequent proceedings emanating therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JANUARY 17, 2017 'dc'