Narsingh Dass Sharma & ORS. v. State & ORS.

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1898/2019 NARSINGH DASS SHARMA & ORS.

... Petitioners Through:

Mr. Ankit Singh and Ms. Priya Singh, Advs. with the petitioners in person versus STATE & ORS.

.... Respondents Through:

Mr.Panna Lal Sharma, APP with SI Manju Yadav, PS Janakpuri, Delhi R-2 and 3 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 22.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.772/1998, under Section 4 of the Dowry Prohibition Act, 1961 ('DP Act'), registered at P.S.: Janakpuri, New Delhi and the proceedings emanating therefrom.

2.

Status report stands filed.

3.

The petitioners and respondent Nos.2 & 3 as well as the learned counsel for the petitioners submitted that the parties have settled their disputes on their own free will, without any force or coercion vide a Memorandum of Understanding dated 7.2.2019.

4.

Respondent Nos.2 and 3, who are present in Court, have

reiterated the aforesaid facts and submitted that the petitioners have to pay the balance amount of Rs.2.5 lacs to respondent No.3 in terms of the settlement arrived at between the parties. Respondent Nos.2 and 3 further submitted that in case the petitioners make the payment of the balance amount of Rs.2.5 lacs, they have no objection to the petition being allowed and the FIR being quashed, however, subject to the condition that the complaints filed by the petitioners against the respondent Nos.2 and 3 are withdrawn by the petitioners within ten days.

5.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.263101 dated 2.4.2019 for an amount of Rs.2.5 lacs which has been handed over to the respondent No.3 today in the Court. Learned counsel for the petitioners further submitted that the petitioners shall withdraw all the complaints filed against the respondent Nos.2 and 3 within ten days. The statement of the learned counsel for the petitioners in this regard is accepted and taken on record as undertaking on behalf of the petitioners with a direction to the petitioners that they shall withdraw all the complaints filed against the respondent Nos.2 and 3 within 10 days.

6.

It is also submitted by the learned counsel for the petitioners that in view of the payment of the balance amount to the respondent No.3, the present petition may be allowed and the FIR may be quashed.

7.

The Investigating Officer ('IO'), who is present in Court, has

identified the petitioners as well as respondent Nos.2 and 3 and has also verified the settlement arrived at between the parties. 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.772/1998, under Section 4 of the DP Act, registered at P.S.: Janakpuri, New Delhi and the proceedings emanating therefrom are quashed.

9.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 22, 2019/rk