Virender Sharma & ORS v. The State (Govt. Of NCT Of Dlehi) & ORS

$~29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1961/2018 VIRENDER SHARMA & ORS .... Petitioners Through:

Mr. L.K. Dixit, Adv. with petitioners in person versus THE STATE (GOVT. OF NCT OF DLEHI) & ORS .... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Rahul, PS Shahdara, Delhi Mr. Ram Kishan, Adv. for R-2 with R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 15.03.2019 1.

Respondent No.2 has filed the affidavit on record. 2.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.345/2014 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 Police Station Shahdara, Delhi and the proceedings emanating therefrom.

3.

The petitioners and respondent No.2, who is present in the Court along with her mother, as well as the learned counsel for the parties submitted that the parties have settled the matter before the

Delhi Mediation Centre, Karkardooma Courts, Delhi on 9.4.2015, in pursuance whereof, the marriage between petitioner No.1 and the respondent No.2 has been dissolved vide a decree of divorce dated 1.4.2017.

4.

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. 5.

Respondent No.2 reiterated the aforesaid facts and submitted that the settlement was arrived at between the parties on their own free will, without any force, pressure or coercion, in terms whereof the petitioners have to pay the balance amount of Rs.1 lac to the respondent No.2. Respondent No.2 submitted that in case the petitioners make the payment of Rs.1 lac in terms of the settlement arrived at between the parties, she has no objection to the petition being allowed and the FIR being quashed.

6.

Learned counsel for the petitioners submitted that the petitioners have brought a Demand Draft bearing No.007974 dated 13.3.2019 for an amount of Rs.1 lac which has been handed over to the respondent No.2 in the Court today. The parties submitted that in view of the payment of the balance amount as well as in the interest of justice, the aforesaid petition may be allowed. 7.

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.

345/2014 under Sections 498-A/406/34 of IPC and Section 4 of the DP Act, registered at Police Station Shahdara, Delhi and all the consequential proceedings arising out of the FIR are quashed. 8.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J MARCH 15, 2019/rk