Aas Mohd. v. The State & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1376/2020 AAS MOHD.

..... Petitioner Through: Mr. Kunal Khanna, Advocate with Mr.

Sanjay Soti & Mr. S.S. Tomar, Advocates alongwith petitioner in person.

Versus

THE STATE & ANR ..... Respondents Through: Ms. Manjeet Arya, APP for State with ASI Chattarpal, P.S. Zafrabad Mr. Narender Kumar, Advocate alongwith respondent No. 2 in person.

CORAM:

HON'BLE MR. JUSTICE MANOJ KUMAR OHRI

O R D E R

% 12.03.2020 CRL.M.A. 5294/2020 (Exemption) 1.

Allowed, subject to all just exceptions.

2.

The application stands disposed of.

CRL.M.C. 1376/2020 1.

The present proceedings are instituted seeking quashing of FIR No. 331/2013 under Sections 498A/34 IPC and Section 4 of Dowry Prohibition Act registered at Police Station Zafrabad, Delhi on the ground that parties have settled their disputes.

2.

Learned APP for the State, on instructions, submits that the chargesheet has been filed under the aforesaid sections against the present petitioner whereas the other accused were kept in Column No. 12 and the case is pending at the stage of summoning.

3.

Learned counsels for the parties submit that they have entered into a CRL.M.C. 1376/2020

settlement on 08.02.2018 before Delhi Mediation Centre. A copy of the same is annexed with the petition as Annexure-B. As per the settlement, petitioner has paid remaining amount of Rs.55,000/- to respondent No.2 by way of demand draft bearing No. 069006 dated 07.03.2020 drawn on Central Bank of India, which has been duly received and accepted by her. In terms of the settlement respondent No.2, is now, left with no claim whatsoever against the petitioner.

4.

The petitioner and respondent No.2, who are present in person, are identified by their respective counsels and the Investigating Officer. 5.

Respondent No. 2, who is present in Court, states that she has entered into the settlement agreement with her own free will, volition and without any coercion. She further states that she has no objection if the present FIR and consequent proceedings are quashed.

6.

Learned counsels for the parties submit that no other proceedings are pending between the parties.

7.

The parties are bound by the statements made in Court today. 8.

In view of the facts and since the disputes are matrimonial in nature, no useful purpose will be served in continuance of the proceedings, it is hereby directed that the aforesaid FIR and the consequent proceedings arising therefrom are hereby quashed.

9.

The petition stands disposed of.

10.

Order dasti to the counsel for the parties.

MANOJ KUMAR OHRI, J MARCH 12, 2020/p'ma CRL.M.C. 1376/2020