Krishan Kumar & ORS v. The State & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI + KRISHAN KUMAR & ORS ..... Petitioner Represented by:

Ms. Poonam and Mr. Ehraz Zafar, Advocate.

versus THE STATE & ANR ..... Respondent Represented by:

Mr. Ashish Negi, Advocate for ASC Ms. Richa Kapoor, SI Rakesh Malik, PS Seemapuri.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 01.03.2018 By the present petition the petitioners seek quashing of FIR No. 284/2016 under Sections 498A/406/354/354 (B) IPC and Section 4 of Dowry Prohibition Act registered at PS Seemapuri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the eight petitioners are the only accused and the respondent No.2 is the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the

Petitioners before the Delhi Mediation Centre, Karkardooma Courts on 1st June, 2016, copy of which order is placed on record at pages 72 to 75 of the paper book. 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 ₹4.75 lakhs to respondent No.2 out of which she has already received a sum of ₹3 lakhs and the balance amount of ₹1,75,000/- has been received by her today in Court vide Demand Draft No.278858 dated 4th January, 2018 drawn on Central Bank of India. She further states that she has no claim 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 arrived at between the parties before the Delhi Mediation Centre, Karkardooma Courts dated 1st June, 2016. 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. 284/2016 under Sections 498A/406/354/354 (B) IPC and Section 4 of Dowry Prohibition Act registered at PS Seemapuri, Delhi and proceedings pursuant thereto are hereby quashed against all the accused.

Parties have signed this order sheet in acknowledgment of their statements made before this Court. Petition is disposed of. Order dasti. MUKTA GUPTA, J.

MARCH 01, 2018 'yo'