Sh Vivek Kumar @ Vicky & ORS. v. State Of NCT Of Delhi And ANR.

$~65 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2720/2024 SH VIVEK KUMAR @ VICKY & ORS.

..... Petitioners Through:

Mr. G.D. Sharma and Mr. Sunny Kashyap, Advocates versus STATE OF NCT OF DELHI AND ANR.

..... Respondents Through:

Mr. Satish Kumar, APP for the State.

Mr. Satish Kumar Yadav, Advocate for R-2.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 04.04.2024 1.

The instant petition Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been instituted on behalf of the petitioners seeking quashing of FIR bearing no. 71/2021, registered at Police Station Geeta Colony, Delhi, for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and Section 4 of Dowry Prohibition Act. 2.

Issue notice. Mr. Satish Kumar, learned APP appearing on behalf of the State accepts notice.

3.

Petitioners are present before this Court and have been identified by their counsel Mr. G.D. Sharma and Investigating Officer (IO), P.S.: Geeta Colony, Delhi.

4.

Brief facts of the case are that on 21.02.2019, petitioner no. 1 and The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

respondent no. 2 had got married at Delhi, according to Hindu rites and ceremonies on 22.02.2019. It is stated that no child was born out of the said wedlock. On 26.02.2021, on the complaint of respondent no. 2, the present FIR got registered at Police Station Geeta Colony, Delhi. It is also stated that the petitioners and respondent no. 2 have settled all the disputes and differences by way of an Memorandum of Understanding (MoU) dated 11.08.2023.

5.

On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no.2 that the entire dispute has been amicably settled between the parties vide Memorandum of Understanding (MoU) dated 11.08.2023.

6.

It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner.

7.

It is stated that petitioner had paid a sum of Rs. 8,00,000/- and the remaining amount of Rs. 2,00,000/- is to be paid to respondent no. 2 at the time of the quashing of subject FIR.

8.

Today, the complainant, who is present in Court states that she has received the remaining amount of Rs. 2,00,000/- vide DD No. 080594 drawn on Central Bank of India and has no objection if the FIR is quashed. 9.

In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 10.

Accordingly, FIR bearing no. 71/2021, registered at Police Station Geeta Colony, Delhi, for offences punishable under Sections 498A/406/34 of Indian Penal Code, 1860 („IPC‟) and Section 4 of Dowry Prohibition Act and all consequential proceedings emanating therefrom are quashed. 11.

The present petition stands disposed of.

12.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J APRIL 4, 2024/ZP Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.