Sunil Mirdwal & ORS v. State (NCT Of Delhi) & ANR

$~42 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 718/2017 SUNIL MIRDWAL & ORS ..... Petitioners Through:

Mr.Ankit Sethi, Adv. with Mr.Chirag Babbar, Adv.

versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr.Kewal Singh Ahuja, APP for State SI Bharat Singh, PS-Farsh Bazar Mr.Gaurav Kr. Chikkare, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 20.02.2017 CRL.M.A.3040/2017 Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 718/2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No. 71/2004, under Section 406 IPC & Sections 3,4 Dowry Prohibition Act, registered at Police Station-Farsh Bazar, Delhi and all proceedings emanating therefrom.

Counsel for the petitioners has submitted that the marriage between the petitioner No.1, Mr.Sunil Mirdwal and respondent No.2, Smt.Bhawna Arya was fixed for 22.02.2004. He has further submitted that a dispute had

arisen before performing their marriage, resultantly, the complainant lodged FIR No. 71/2004, under Section 406 IPC & Sections 3,4 Dowry Prohibition Act at Police Station-Farsh Bazar, Delhi. He has further submitted that after registration of the FIR qua against the petitioners, the friends and the middlemen intervened and the matter has been settled between the parties in Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 14.08.2015. He has further submitted that as per the terms of settlement, the petitioners have already handed over a sum of Rs.50,000/- to the respondent No.2, Smt.Bhawna Arya.

Learned counsel for the petitioners further submits that all disputes have been amicably settled between the parties and nothing remains to be adjudicated upon further and submits that the FIR in question is coming as hurdle in the way of the present petitioners. He further submits that the petitioners and the respondent No.2 want to lead peaceful life in near future and since all disputes have been settled between them, the FIR in question and all proceedings arising therefrom may be quashed. The respondent No.2/complainant, Smt.Bhawna Arya is present in Court today and has been identified by the Investigating Officer, SI Bharat Singh, PS-Farsh Bazar. The respondent No.2/complainant also admits that the matter has been amicably settled with the petitioners in the Mediation Centre, Karkardooma Courts vide settlement deed dated 14.08.

2015 and as per the terms of settlement she has already received Rs.50,000/- from the petitioners. She further submits that she has no claim or grievance left against the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion. She further submits that she has no objection if the FIR in question is quashed.

been amicably settled between the parties and nothing remains to be adjudicated further, to meet the ends of justice, I deem it appropriate to quash the FIR No. 71/2004, under Section 406 IPC & Sections 3,4 Dowry Prohibition Act, registered at Police Station-Farsh Bazar, Delhi, and all proceedings emanating therefrom.

The present petition is disposed of accordingly. Copy of the order be given dasti.

I.S.MEHTA, J FEBRUARY 20, 2017/radhika