Sanjay & ORS. v. State & ANR.

$~58 * IN THE HIGH COURT OF DELHI AT NEW DELHI + SANJAY & ORS.

..... Petitioner Represented by:

Mr. Arun Gaur, Adv.

versus STATE & ANR.

..... Respondent Represented by:

Mr. Ashok Kr. Garg, APP with SI Inder Veer Singh PS Karawal Nagar.

Mr. Shailendra Yadav, Adv. for R-2.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 27.02.2017 Crl.M.A. 3302/2017 Exemption allowed subject to just exceptions. By the present petition the petitioners seek quashing of FIR No. 198/2014 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, registered at PS Karawal Nagar, 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 petitioner No.1 has only been chargesheeted as an accused. Petitioners No.2 to 6 were kept in column No.12 and not summoned by the learned Trial Court. He further states that the

respondent No.2 is the only complainant/ victim. Respondent No. 2 is present in Court and is identified by the learned counsel and the Investigating Officer. She states that after the registration of the above-noted matter the parties initially entered into a settlement before the Mediation Centre, Karkardooma Courts on 19th June, 2014 wherein they decided to seek divorce by mutual consent and as full and final claims of the respondent No.2 she was to be paid a sum of ₹2,40,000/- and the minor daughter baby Jiya @ Janvi was to remain in her care and custody. However, after the said settlement with the intervention of elders parties re-thought about their relationships and settled to live together. She states that she is living with the petitioner No.1 from August, 2014 in her matrimonial home.

She states that she has no cause of grievance since then and is living a happy married life. She further states that she does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioner No.1 who is present in Court and is identified by the learned counsel affirms the statement of respondent No.2 and states that he will ensure that both of them lead a happy married life and there is no cause of grievance to the respondent No.2.

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. 198/2014 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, registered at PS Karawal Nagar, 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.

FEBRUARY 27, 2017 'ga'