Mehrajuddin & ORS v. State (Govt Of NCT Of Delhi) & ANR

$~48 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 2912/2016 MEHRAJUDDIN & ORS ..... Petitioner Represented by:

Mr. S.H. Ansari, Adv.

versus STATE (GOVT OF NCT OF DELHI) & ANR ..... Respondent Represented by:

Ms. Rajni Gupta, APP with SI Arjun Singh PS Khajuri Khas.

R-2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 11.08.2016 Crl.M.A. 12492/2016 Exemption allowed subject to just exceptions. CRL.M.C. 2912/2016 By the present petition, the Petitioner seeks quashing of FIR No. 89/2011 under Sections 406/498A/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Khajuri Khas, Delhi on the complaint of Respondent No.2 as the parties have settled the matter. Notice. Learned APP for the State accepts notice. Learned APP for the State on instructions from Investigating Officer states that besides three petitioners Ms. Rabia the mother-in-law of respondent No.2 was also an accused, however she has passed away and thus the three petitioners are the CRL.M.C. 2912/2016

only accused in the FIR and the respondent No.2 the only complainant/ victim.

Respondent No. 2 who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners. She is living happily with the petitioner No.1 in her matrimonial home along with other family members for the last two year and she has no cause of grievance now. She further states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. 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, rather the same would create further acrimony between them, 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. 89/2011 under Sections 406/498A/34 IPC and Section 4 of Dowry Prohibition Act registered at PS Khajuri Khas, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J.

AUGUST 11, 2016 'ga'

CRL.M.C. 2912/2016