Rohit And ORS. v. State Of NCT Of Delhi And ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ ROHIT AND ORS.

.....Petitioners Through:

Mr. Jitender, Advocate with petitioners Nos. 1 to 3.

versus STATE OF NCT OF DELHI AND ANR.

.....Respondents Through:

Ms. Shubhi Gupta, APP for the State.

SI Pushpender, P.S. Begampur.

Mr. Arun Kumar Pandey, Advocate for R-2 with R-2 in-person.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 05.07.2024 By way of the present petition filed under section 482of the Code of Criminal Procedure 1973, the petitioners, who are the husband and in-laws of the complainant/respondent No.2, seek quashing of case FIR No. 165/2016 dated 14.02.2016 registered under sections 498A/406/34 of the Indian Penal Code, 1860 and section 4 of Dowry Prohibition Act, 1961 at P.S.: Begum Pur ('subject FIR'). 2.

The petition is premised on Settlement Deed dated 02.05.2023 signed between the parties under the aegis of the Mediation Centre, Rohini District Courts, Delhi.

3.

The petition is also supported by affidavits of both the petitioners, as also of respondent No.2, alongwith proofs of their I.D.s. 4.

Petitioners Nos.1 to 3 as well as respondent No. 2 are present inperson. Their credentials have been verified. They have also been identified by their respective counsel.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

5.

Mr. Jitender, learned counsel appearing for the petitioners informs the court that petitioner No.4 (sister-in-law) is not present in court since she is stated to be hospitalised.

6.

The court has interacted with the parties. The parties are stated to have resolved all their disputes amicably and in view of the settlement, respondent No.2 (wife) has re-joined the company of petitioner No.1 (husband)and they have been living together for the last about 07 months.

7.

Ms. Shubhi Gupta, learned APP confirms that the State has no objection to the subject FIR being quashed.

8.

In the circumstances, in line with the law laid down by the Supreme Court in Gian Singh vs. State of Punjab & Anr.1,as also in Narinder Singh & Ors. vs. State of Punjab & Anr.2, this court sees no reason why the subject FIR and all proceedings emanating therefrom should not be quashed. This court is of the view that in light of the settlement between the contesting parties, continuing with the subject FIR and all subsequent proceedings would be an exercise in futility and would not be conducive to peace and harmony between the parties. 9.

Accordingly, FIR No. 165/2016 dated 14.02.2016registered under sections 498-A/406/34 of the Indian Penal Code, 1860 and section 4 of Dowry Prohibition Act, 1961 at P.S.: Begum Pur is quashed. All proceedings arising therefrom also stand closed.

10. Petition stands disposed-of.

1 (2012) 10 SCC 303 2 (2014) 6 SCC 466 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.

11. Pending applications, if any, also stand disposed-of. ANUP JAIRAM BHAMBHANI, J JULY 5, 2024 ds The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.