Anand Kumar Paul & ORS v. The State & ANR

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 1190/2018 ANAND KUMAR PAUL & ORS ..... Petitioners Represented by:

Mr.S.K. Mishra, Adv. with petitioners in person versus THE STATE & ANR ..... Respondents Represented by:

Mr.Ashish Aggarwal, (ASC) with Mr.Piyush Singhal and Mr.Yash Kotak, Advs.

SI Arun Kumar, PS Ghazipur.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.08.2018 By this petition, the petitioner seeks quashing of FIR No.0388 of 2017 under Sections 406 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961 registered at PS Ghazipur on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned Additional Standing Counsel for State on the last date of hearing submitted that only 4 accused have been impleaded as petitioners, however, there were in total 9 accused who are now impleaded as petitioners by way of amended memo of parties, which is taken on record.

As per the learned Additional Standing Counsel, respondent No.2 is the only complainant/victim.

Respondent No.2 is present in person and is identified by the Investigating Officer. He submits that the above noted FIR was got registered as after the engagement of his daughter with petitioner No.1 further demanded dowry. He submits that he has settled the matter with the petitioners who have agreed to

return a sum of `2,50,000/- spent by him as an expenditure in the ring ceremony, etc. He submits that out of `2,50,000/-, he has already received a sum of `1.25 lakhs and the balance amount of `1.25 lakhs has been received in the Court today by way of a Demand Draft No.230873, dated 20th August, 2018 drawn on the State Bank of India, Trilok Puri, Delhi. In terms of the settlement, he does not wish to pursue the above noted FIR and the proceedings pursuant thereto and the same be quashed.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion and no useful purpose will be served in continuance of the proceedings, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No.0388 of 2017 under Sections 406 IPC and Sections 3 & 4 of the Dowry Prohibition Act, 1961 registered at PS Ghazipur, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of.

Order dasti.

MUKTA GUPTA, J.

AUGUST 23, 2018 neelam