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High Court of DelhiCRL.M.C./1200/2018

Manish Tejan @ Manish Tazan & ORS v. State (NCT Of Delhi) & ANR

2019-05-15Hon'Ble Mr. Justice Chander Shekhar2 pages

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1200/2018 MANISH TEJAN @ MANISH TAZAN & ORS..... Petitioners Through:

Mr. A.K. Pandey, Advocate versus STATE (NCT OF DELHI) & ANR ..... Respondents Through:

Mr. Kamal Kumar Ghai, APP with SI Sumit, PS:Jyoti Nagar, Delhi

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.424/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Sections 3/4 of the Dowry Prohibition Act (DP Act), 1961, registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom. 2.

The petitioners and their counsel as well as respondent No.2 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 on 23.11.2016, in terms whereof petitioner No.1 had agreed to pay Rs.3,10,000/- to the respondent No.2. It is further submitted that out of Rs.3,10,000/-, an amount of Rs.2,60,000/- has already been paid to respondent No.2.

3.

Respondent No.2, who is present in Court with her father, has reiterated the aforesaid facts and submitted that she has no objection to the petition being allowed and the FIR being quashed in case the petitioners pay the balance amount of Rs.50,000/- to her, which is required to be paid as per the settlement arrived at between the parties.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.728371, dated 14.5.2019, drawn on UCO Bank, for an amount of Rs.50,000/-, which has been handed over to the respondent No.2 today in the Court.

5.

The Investigating Officer ('IO'), who is present in Court, has identified the petitioners as well as respondent No.2 and has also verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances, the settlement arrived at between the parties and the dissolution of marriage, 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. 424/2016, under Sections 498-A/406/34 of the IPC and Sections 3/4 of the DP Act, registered at P.S.: Jyoti Nagar, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MAY 15, 2019/tp