Byas Dev & ORS v. The State & ANR

$~26 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1347/2019 & Crl.M.A.5389/2019 BYAS DEV & ORS .... Petitioners Through Mr. T.B.Jha, Adv. with the petitioners in person versus THE STATE & ANR .... Respondents Through Mr. Raghuvinder Verma, APP with SI Ashwani Ms. Shantha Devi Raman, Mr.Mukesh Sharma and Mr.A.Jain, Advs. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 01.10.2019 1.

Issue notice.

2.

Notice is accepted by the learned APP for the State as well as by the learned counsel for the respondent No.2. 3.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0179/2017, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S.: Seelampur, Delhi and the proceedings emanating therefrom.

4.

The petitioners and respondent No.2 as well as learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Compromise/Settlement Deed dated 30.10.2018.

5.

Learned counsel for the parties submitted that the respondent No.2 is living in her matrimonial home after the death of her husband and she has no objection in case the present petition is allowed and the aforesaid FIR is quashed.

6.

Respondent No.2 reiterated the aforesaid facts and submitted that she has been living with the petitioners in her matrimonial home for the last two years. She further submitted that she has no objection to the petition being allowed and the FIR being quashed. 7.

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.

8.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.0179/2017, under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at P.S.: Seelampur, Delhi and the proceedings emanating therefrom are quashed. 9.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J OCTOBER 01, 2019/rk