Sonu Bharat & ORS v. State & ORS

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2191/2018 SONU BHARAT & ORS ..... Petitioners Through Mr.Vijay Pratap Singhal, Advocate.

versus STATE & ORS ..... Respondents Through Mr. Arun Kumar Sharma, APP for the State.

SI Jaibhagwan, PS Nihal Vihar.

CORAM:

HON'BLE MR. JUSTICE SANJEEV SACHDEVA

O R D E R

% 23.05.2018 Crl.M.A.7817/2018 (exemption) Exemption is allowed subject to all just exceptions. CRL.M.C. 2191/2018 1.

The petitioners seek quashing of FIR No.250/2013 under Sections 498A/406/34 IPC read with Sections 3 and 4, Dowry Prohibition Act, Police Station Nihal Vihar, based on a settlement. 2.

The subject FIR emanates out of matrimonial discord.

Petitioner No.1 is the husband of respondent No.2. Petitioner Nos.2 and 3 are the mother-in-law and father-in-law of the respondent No.2. Petitioner No.4 is the brother-in-law of the respondent No.2. 3.

Learned counsel for the petitioners submits that the parties have settled their disputes through the process of mediation held at Delhi Mediation Centre on 17.03.2016. As per the settlement, the petitioner CRL.M.C. 2191/2018

has agreed to pay a sum of Rs.7,000/- per month as maintenance to the respondent No.2. Parties contend that all the terms and conditions of the Settlement Agreement have been duly performed. 4.

The respondent No.2 is present in person and is identified by the Investigating Officer.

She submits that she has settled her disputes with the petitioners and does not wish to press charges against the petitioners and prosecute the complaint any further. 5.

In view of the fact that the proceedings emanate out of a matrimonial discord and the parties have fully and finally settled their disputes and the respondent No.2 has stated that she does not wish to press the complaint any further, continuation of criminal proceedings will be an exercise in futility and justice in the case demands that the dispute between the parties is put to an end and peace is restored; securing the ends of justice being the ultimate guiding factor. It would be expedient to quash the subject FIR and the consequent proceedings emanating therefrom.

6.

In view of the above, FIR No.250/2013 under Sections 498A/406/34 IPC read with Sections 3 and 4, Dowry Prohibition Act, Police Station Nihal Vihar and the consequent proceedings emanating there from are quashed.

7.

Order Dasti under the signatures of the Court Master. SANJEEV SACHDEVA, J MAY 23, 2018/st CRL.M.C. 2191/2018