Shahnwaz & ORS v. State & ANR

3# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SHAHNWAZ & ORS ..... Petitioners Represented by:

Mr. Pradeep Kumar, Advocate with petitioner Nos. 1 and 2 in person.

versus STATE & ANR ..... Respondents Represented by:

Mr. Avi Singh, Additional Standing Counsel for State with Inspector Vipin Kumar Sharma and SI Ombir Singh, PS Nand Nagri.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 12.02.2018 By the present petition the petitioners seek quashing of FIR No. 415/2012 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at PS Nand Nagri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned Additional Standing Counsel for the State on instructions from Investigating Officer submits that in the above-noted FIR the three 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 and Investigating Officer states that she has settled the matter with the Petitioners vide settlement deed Dated 21st November, 2012 pursuant whereof petitioner No.1 and respondent No.2 are living together as husband and wife in their matrimonial home with petitioner Nos. 2 and 3 and their two children born after the said settlement. She states that she is living happily with the petitioner No.1 and the family members. She also states that she has no grievance now and 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. Petitioner Nos. 1 and 2 are present in Court and are identified by the learned counsel. Petitioner No.

3 is stated to be unwell and her medical certificate has been handed over which is taken on record. Petitioner No. 3 is thus exempted from appearing before the Court. Petitioner Nos. 1 and 2 affirm the statement of respondent No.2. Petitioner No. 2 also undertakes to assure that there is no hindrance in the happy married life of the petitioner No. 1 and respondent No.2. Petitioner No.1 further undertakes to abide by the terms of settlement arrived at between the parties vide settlement deed dated 21st November, 2012.

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. There is no legal impediment in quashing the FIR in

question.

Consequently, FIR No. 415/2012 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at PS Nand Nagri, 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.

FEBRUARY 12, 2018 'vn'