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High Court of DelhiW.P.(CRL)/865/2018

Rahul Solanki & ORS v. State (NCT Of Delhi) & ANR

2018-03-23Hon'Ble Mr. Justice S.P.Garg4 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 865/2018 RAHUL SOLANKI & ORS ..... Petitioners Through :

Mr.Vineet Aggarwal, Advocate along with petitioners present in person.

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

Ms.Sushila, proxy counsel for Ms.Richa Kapoor, ASC.

Mr.P.Malhotra with Mr.Anshul Duggal, Advocates, for R-2 along with complainant/R-2 present in person.

SI Rakesh, PS Seema Puri.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 23.03.2018 Crl.M.A.No.5421/2018 (Exemption) 1.

Exemption allowed subject to all just exceptions. 2.

The application stands disposed of.

W.P.(CRL) 865/2018 1.

Present petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. has been filed by the petitioners for quashing of FIR No.1751/2015 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act registered at Police Station Seema Puri (North East). It is stated that the matter has been settled amicably W.P.(CRL) 865/2018

with the complainant / respondent No.2 vide Memorandum of Understanding dated 28.01.2017.

2.

Complainant / respondent No.2 is present with counsel and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between the parties have been resolved amicably with her free consent and she has no objection to the quashing of the FIR in question. Marriage between the parties has been dissolved. Pursuant to the settlement, remaining amount of `4,00,000/- by way of demand draft bearing No.005286 dated 22.03.2018 drawn on HDFC Bank in the name of the complainant has been given her today in the Court. 3.

The petition is supported by affidavits of the parties. Copy of Memorandum of Understanding dated 28.01.2017 has been placed on record. Since the dispute between the parties has been settled, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to settle in life after dissolution of marriage, FIR No.1751/2015 under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act registered at Police Station Seema Puri (North East) and all the proceedings arising therefrom are quashed.

4.

The petition stands disposed of accordingly.

S.P.GARG, J.

MARCH 23, 2018/sa W.P.(CRL) 865/2018