Shanu & ORS v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3353/2019 SHANU & ORS ..... Petitioners Through Mohd Tariq, Advocate.

versus THE STATE & ANR ..... Respondents Through Mr Sanjay Lao, ASC with Mr Karanjeet Sharma, Advocate.

W/SI Veena Sharma, No. 506210/P.S.

Seelam Pur present.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 02.12.2019 CRL.M.A. 41554/2019 1.

Allowed, subject to all just exceptions.

2.

The application is disposed of.

CRL.M.A. 41555/2019 3.

For the reasons stated in the application, the delay in refiling the petition is condoned.

4.

The application is disposed of.

W.P.(CRL) 3353/2019 5.

The petitioners have filed the present petition, inter alia, praying that FIR No. 478/2018 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act, 1961 registered with PS Seelampur, Delhi and

all proceedings emanating therefrom, be quashed. 6.

The said FIR was lodged at the instance of respondent no.2. Respondent no. 2 is present in Court and is identified by the Investigating Officer. She states that the said FIR was lodged in view of matrimonial disputes that had arisen between her and petitioner no.1. 7.

The petitioners and respondent no.2 state that they have resolved all their disputes in view of the Settlement dated 30.04.2019 arrived at before the Delhi Mediation Centre, Karkardooma Courts, Delhi (Mediation No. C1466/19 in Suit No. 96/2018). She states that she has now divorced petitioner no.1.

8.

In terms of the said settlement, petitioner no.1 had agreed to pay a total sum of ₹2,70,000/- to respondent no.2 towards all her claims. Petitioner no.1 has paid a sum of ₹2,70,000/-. Respondent no.2 acknowledges the receipt of the aforesaid amount and states that she has no other claims or grievances against the petitioners.

9.

Petitioner nos. 1 to 3 are present in Court and are identified by their counsel. They state that petitioner nos. 4 and 5 have been unable to come to Court as one of them is of an advanced age and the other is handicapped. They, however, affirm that those petitioners have no grievance against respondent no.2, as well, and all disputes with respondent no.2 are settled. 10.

In view of the statements made by petitioner nos. 1 to 3, on or on behalf of the petitioner nos. 4 and 5, and respondent no.2, this Court considers it apposite to allow the present petition. 11.

In view of the statements made before the Court, the petition is

allowed and FIR No. 478/2018 under Sections 498-A/406/34 of the IPC and Section 4 of the Dowry Prohibition Act registered with Police Station Seelampur, Delhi and all proceedings emanating therefrom, are quashed. 12.

The petitioners and respondent no.2 shall sign this order as an acknowledgment of the statements recorded herein. 13.

The petition is disposed of in the aforesaid terms. VIBHU BAKHRU, J DECEMBER 02, 2019 pkv