Sh. Satish Kumar & ORS. v. State & ANR.

$~44 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 3750/2019 SH. SATISH KUMAR & ORS.

..... Petitioners Through:

Mr. RPS Bhatti, Advocate versus STATE & ANR.

..... Respondents Through:

Mr. Amit Chaddha, APP Mr. S.K. Dayal, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.12.2019 CRL.M.A.32524/2019 (for exemption) Allowed, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3750/2019 1.

Issue notice. Notice is accepted by the learned APP for the State and by learned counsel for respondent No.2. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.848/2015, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Sections 4 and 5 of the Dowry Prohibition Act, 1961 (DP Act), registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom. 3.

The petitioners and respondent No.2 as well as their respective counsel submitted that the parties have settled their

disputes on their own free will, without any force or coercion before the Counselling Cell, learned Principal Judge, Family Court, Karkardooma, Delhi on 5.9.2017, in terms whereof petitioner No.1 had agreed to pay Rs.17,10,000/- to the respondent No.2. It is further submitted that out of Rs.17,10,000/-, an amount of Rs.10,10,000/- has already been paid to respondent No.2. 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 26.11.2018. 4.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.7,00,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

5.

Learned counsel for the petitioners submitted that the petitioners have brought two demand drafts - one bearing No.545605, dated 3.12.2019 for a sum of Rs.2,00,000/- and another bearing No.545613, dated 4.12.2019 for a sum of Rs.5,00,000/-, both drawn on State Bank of India, which have been handed over to the respondent No.2 today in the Court. Previous cost of Rs.5,000/- has already been paid to respondent No.2 in cash today.

6.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has

also verified the settlement arrived at between the parties. 7.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 848/2015, under Sections 498-A/406/34 of the IPC and Sections 4 and 5 of the DP Act, registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom are quashed. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J DECEMBER 18, 2019 tp