Preeti Verma & ORS v. State & ANR

$~37 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4367/2018 PREETI VERMA & ORS ..... Petitioners Through:

Mr. Shrawan Babu, Adv. along with petitioners in person.

Versus

STATE & ANR ..... Respondents Through:

Mr. Izhar Ahmad, APP for State with ASI Subhash Chand, South Rohini.

Mr. Kanwar Kochhar, Adv. for R-2 to R-5 with R-2 to R-5 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 05.09.2018 Petitioner nos. 2 to 5 are relatives of petitioner no.1; whereas respondent nos. 3 to 5 are relatives of respondent no.2. It is submitted that petitioner no.1 (wife) and respondent no.2 (husband) were married as per Hindu rites and ceremonies on 22.04.2016. On account of marital discord between them they started living separately. Subsequently, on the complaint of respondent no.2 present FIR No.

75/2017 under Sections 323/341/354B/506/34 IPC was registered against the petitioners at police station South Rohini.

It is further submitted that marriage between petitioner no.1 and respondent no.2 has already been dissolved by a decree

of divorce by mutual consent on 16.07.2018 passed by Family Court, North West District, Rohini Court, New Delhi, pursuant to the settlement arrived at between petitioners and respondent nos. 2 to 5 before the Delhi Mediation Centre, Rohini Court, Delhi on 03.11.2017.

It is noted here that another FIR No. 183/2017 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 was registered at police station South Rohini against the respondent no.2 and his relatives, on the complaint of petitioner no.1. The said FIR has already been quashed by this Court vide order dated 17.08.2018 passed in W.P.(CRL) 2443/2018.

Respondent nos. 2 to 5 are present in Court along with their counsel and have been identified by ASI Subhash Chand of police station South Rohini. They submit that they have settled the matter with the petitioners of their own free will and without any undue force, pressure or coercion, therefore, they have no objection in case present FIR is quashed. Keeping in mind the settlement arrived at between the petitioners and respondent nos. 2 to 5 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, present FIR and the consequent proceedings emanating

therefrom are quashed.

Petition is disposed of in the above terms.

Dasti.

A.K. PATHAK, J.

SEPTEMBER 05, 2018 ga