Mashood Ahmed & ORS v. State & ANR

$~43 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MASHOOD AHMED & ORS ..... Petitioner Represented by:

Mr. M. Shamikh, Mr. A.

Ahmad, Advs.

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

Ms. Rajni Gupta, APP with SI Ravi Kumar PS Jafrabad.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 30.01.2017 Crl.M.A. 1659/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 101/2012 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Jafrabad, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from Investigating Officer submits that in the above-noted FIR the five petitioners are the only accused and respondent No.2 the only complainant/ victim.

Respondent No. 2 is present in Court and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, karkardooma Courts on 19th October, 2016 pursuant whereto she has joined the company of petitioner No.1 along with the two minor daughters at a rented accommodation bearing No. C-216-A, Third Floor, Chauhan Banger, Gali No.8, Shahdara, Delhi-53. She states that presently she has no cause of grievance against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto.

The petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of settlement arrived at before the Delhi Mediation Centre, Karkardooma Courts on 19th October, 2016. 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. 101/2012 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Jafrabad, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

JANUARY 30, 2017 'ga'