Gagan Deep v. State & ANR

$~18 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1260/2018 & Crl.M.A.4615/2018 GAGAN DEEP & ORS ..... Petitioners Through Mr. Akshay Sharma and Mr.Ujas Kumar, Advs. with the petitioner in person versus STATE & ANR .... Respondents Through Mr. Raghuvinder Verma, APP with SI Gaurav Panwar SPA holder of R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 18.12.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.137/2013 dated 6.4.2013, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961 ('DP Act'), registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom.

2.

Special Power of Attorney executed by the respondent No.2 in favour of Mr. Darshan Singh (father of respondent No.2) has already been filed on the record.

3.

The petitioners and the SPA Holder of the respondent No.2 as well as learned counsel for the petitoners submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Delhi Mediation Centre, Karkardooma Courts, Delhi on 9.1.2014, in pursuance whereof, the marriage of the

petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 30.10.2015.

4.

The Special Power of Attorney Holder of the respondent No.2 has reiterated the aforesaid facts and submitted that that the petitioners have already paid the entire amount to the respondent No.2 and now nothing remains due from the petitioners. SPA holder of the respondent No.2 further submitted that he and the respondent No.2 have no objection to the petition being allowed and the FIR being quashed.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as the SPA holder of the respondent No.2 and has also verified the settlement.

6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.137/2013 dated 6.4.2013, under Sections 498-A/406/34 of the IPC and Section 4 of the DP Act, registered at P.S.: Shahdara, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms. Pending application is also disposed of.

CHANDER SHEKHAR, J DECEMBER 18, 2019/rk