High Court of DelhiW.P.(CRL)/2614/2016

Ritesh Kumar Bajaj v. State & ANR.

2016-09-07Hon'Ble Mr. Justice Vipin Sanghi2 pages

$~30.

* IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2614/2016 RITESH KUMAR BAJAJ & ORS.

..... Petitioners Through:

Mr. Yeeshu Jain, Advocate.

versus STATE & ANR.

..... Respondents Through:

Mr. Rajesh Mahajan, ASC along with SI Suresh Kumar, PS-K.N. Katju Marg, for the State.

Respondent No.2/ complainant in person.

CORAM:

HON'BLE MR. JUSTICE VIPIN SANGHI

O R D E R

% 07.09.2016 The petitioners have filed the present petition seeking quashing of FIR No.1241/2014 registered on the complaint of the complainant under Sections 498A/ 406/ 34 IPC and Section 4 of the Dowry Prohibition Act against the petitioners.

The complainant is present in Court. She is identified by the Investigating Officer.

The petitioner No.1 and the respondent No.2 were married according to Hindu rites on 29.11.2013. Since disputes arose between the parties, they started living separately and respondent No.2 filed her complaint leading to registration of the aforesaid FIR at Police Station K.N. Katju Marg.

The parties have arrived at a settlement on 28.10.2015 in the Delhi High Court Mediation and Conciliation Centre, which has been placed on record. Under the settlement, out of the total settlement amount of Rs. 16,50,000/-, the complainant has already received an amount of Rs.11,50,000/-. The complainant has received Rs.5 Lakhs by way of cheque No.000079 dated 07.09.2016 drawn on HDFC Bank, today in Court. Learned counsel for the petitioner, on instructions, states that the said cheque shall be honoured upon presentation.

The complainant states that she has not been subjected to any pressure or coercion and that she has entered the settlement out of her own free will. The complainant further states that she joins the prayer for quashing of the FIR in question.

Accordingly, no useful purpose would be served in proceeding further with the FIR in question and the proceedings emanating therefrom. Subject to the realisation of the aforesaid cheque, the FIR in question and the proceedings emanating therefrom are quashed.

The amount of Rs.1 Lakh stated to have been deposited in terms of order dated 25.08.2015 passed in Bail Application No.1729/2015, if deposited, shall be refunded along with interest accrued thereon, to the petitioner No.1 by the Registry.

VIPIN SANGHI, J SEPTEMBER 07, 2016 B.S. Rohella