Atul Verma & ORS v. The State Govt Of NCT Of Delhi & ANR

62# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + ATUL VERMA & ORS ..... Petitioner Represented by:

Mr. Manish Srivastava, Advocate with petitioners in person.

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

Mr. M.S. Oberoi, APP for the State with Inspector Prashant Kumar an SI Ashish Kumar, PS Bhajanpura.

Mr. Tabrez Alam, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 05.02.2018 Crl.M.A. No. 2177/2018 (Exemption) Allowed, subject to all just exceptions.

By the present petition the petitioners seek quashing of FIR No. 588/2014 under Sections 498A/406/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 registered at PS Bhajan Pura, 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 nine persons were arrayed as accused however, charge sheet was filed only against the three petitioners and the respondent No.2 is the only complainant/ victim. Respondent No. 2 who is present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the Petitioners vide Settlement dated 22nd January, 2016, before the Family court, North East District. In terms of the settlement marriage between the Petitioner No.1 and Respondent No.2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.

1 has to pay a sum of ₹21 lakhs out of which ₹ 14 lakhs has already been paid to her and the balance amount of ₹7 lakhs has been paid to her today in Court vide Bankers Cheque No. 217317 dated 3rd February, 2018 drawn on State Bank of India, Shahdara. The petitioner No.1 has also handed over the mark sheet pertaining to final year of B.A. (Pass) to the respondent No.2. Respondent No. 2 states that she has no claims whatsoever remaining against the petitioners. In terms of the settlement she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. She also states that she will abide by the terms of settlement.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement dated 22nd January, 2016 arrived at between the parties.

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. 588/2014 under Sections 498A/406/34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 registered at PS Bhajan Pura, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

FEBRUARY 05, 2018 'vn'