Amit Mehra & ORS v. The State & ANR

$~74 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2281/2019 AMIT MEHRA & ORS .... Petitioners Through:

Mr. Arun Kumar Sharma & Mr.

Vaibhav Sharma, Advocates versus THE STATE & ANR .... Respondents Through:

Mr. Panna Lal Sharma, APP with SHO Avtar Singh, PS:Nand Nagri, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 29.04.2019 CRL.M.A.9052/2019 Allowed, subject to all just exceptions. The application is disposed of.

CRL.M.C. 2281/2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.958/2014, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961 (DP Act), registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom.

2.

The petitioners and their counsel as well as respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion, as is evident from the proceedings dated 6.2.2017 recorded before the Principal Judge, Family Courts, Karkardooma, Shahdara, Delhi. It is also submitted that the marriage between the petitioner No.1 and respondent No.2 has been dissolved by mutual consent under Section 13B(2) of the Hindu Marriage Act, 1955 vide a decree of divorce dated 6.2.2017.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that since the matter stands settled, she has no objection to the petition being allowed and the FIR being quashed.

4.

The SHO, who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement.

5.

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.958/2014, under Sections 498A/406/34 of the IPC and Section 4 of the DP Act, registered at P.S.: Nand Nagri, Delhi and the proceedings emanating therefrom are quashed.

6.

Petition is disposed of in the above terms.

CHANDER SHEKHAR, J APRIL 29, 2019 tp