Vikas Prasad @ Vikas Rambabu Prasad & ORS. v. Vibha Jayaswal

$~62 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3937/2024 VIKAS PRASAD @ VIKAS RAMBABU PRASAD & ORS.

..... Petitioners Through:

Mr. Parveen Kumar and Mr. Saddam Husain, Advocates along with petitioners.

versus VIBHA JAYASWAL ..... Respondent Through:

Ms. Geeta Bharati, Advocate along with respondent.

CORAM:

HON'BLE MS. JUSTICE SWARANA KANTA SHARMA

O R D E R

% 15.05.2024 1.

The instant petition under Section 482 of the Code of Criminal Procedure, 1973 ('Cr.P.C.') has been filed on behalf of petitioners seeking quashing of Complaint Case No. 48856/2015 and summoning order dated 30.05.2018 under Sections 3 & 4 of the Dowry Prohibition Act, registered at Police Station Gokul Puri, pending the Court of learned Metropolitan Magistrate, North East District, Karkardooma Courts, Delhi. 2.

Issue notice. Mr. Naresh Kumar Chahar, learned counsel accepts notice on behalf respondent.

3.

All petitioners are present before this Court and have been identified by their counsel Mr. Parveen Kumar and Investigating Officer (IO) from The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

Police Station Gokul Puri, Delhi.

4.

Brief facts of the present case are that on 23.06.2013, the ring ceremony between petitioner no. 1 and respondent had taken palce at Modi Patel Road, Near Sai Baba Mandir Bhayander West, Maharashtra. However, the marriage could not be solemnized due to temperamental differences between petitioner no. 1 and respondent. On 19.02.2014, reply on behalf of petitioners to the undated legal notice was served by the respondent through her counsel. On 04.03.2014, a complaint dated 04.03.2014 was filed at Police Station Gokul Puri, Delhi. On 25.04.2014, a complaint under Section 156(3) of Cr.P.C. was dismissed as withdrawn by the learned Trial Court. It is stated that both the parties have amicably and voluntarily settled their disputes vide Memorandum of Understanding dated 04.05.2024. 5.

On a query made by this Court, respondent 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 dated 04.05.2024. Respondent further stated that she has no objection if the present FIR is quashed.

6.

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 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. 7.

Accordingly, Complaint Case No. 48856/2015 and summoning order The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

dated 30.05.2018 under Sections 3 & 4 of the Dowry Prohibition Act, registered at Police Station Gokul Puri, pending the Court of learned Metropolitan Magistrate, North East District, Karkardooma Courts, Delhi and all consequential proceedings emanating therefrom are quashed. 8.

In view of above, the petition stands disposed of. 9.

The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MAY 15, 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.