Arjun Das & ORS v. The State, NCT Of Delhi & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 2697/2015 & Crl. M.A.17094/2015 ARJUN DAS & ORS ..... Petitioner Through:

Mr.Rakesh Wadia, Adv.

versus THE STATE, NCT OF DELHI & ANR ..... Respondent Through:

Ms. Nandita Rao, ASC for the State SI Ram Bhau, P.S. Khyala Mr. Veer Singh, Adv. for R-2

CORAM:

HON'BLE MR. JUSTICE ASHUTOSH KUMAR

O R D E R

% 24.11.2015 The petitioners are father in law, mother-in-law, brother-in-law and married sister-in law of respondent No.2.

The prayer in the present petition is for the quashing of the FIR No.204/2009 (P.S. Khyala) instituted for offences under Sections 498A, 406 and 34 of the IPC.

Respondent No.2, Sandhaya, was married to the son of petitioners No.1 and 2 on 9.11.2008 at Delhi in accordance with the Hindu religious rites.

Right from the beginning, the marital relationship between respondent No.2 and her husband was not good. It was alleged by respondent No.2 in the subject FIR (FIR No.204/2009) that she was tortured for payment of dowry and was not treated well in her matrimonial home. A complaint was

registered against the petitioners as well as the husband of respondent No.2 in the CAW Cell, Kirti Nagar.

On the basis of the aforementioned complaint, the subject FIR (FIR No.204/2009) was registered in Khyala Police station for the offences under Sections 498A, 406 and 34 of the IPC.

Unfortunately, the husband of respondent No.2 died after lodging of the first information report. Seeing the futility of the litigation between the parties and also acceding to the advice of elders of the family and other well wishers, the parties entered into a settlement wherein it was agreed upon between respondent No.2 and the petitioners that respondent No.2 would be sufficiently recompensed for the troubles which she had to undergo while staying in her matrimonial home.

Pursuant to such an agreement, an amount of Rs.65,000/- has been paid to respondent No.2 which fact has been affirmed by respondent No.2, who is present in court.

On interaction with respondent No.2, this Court came to learn that she is staying with her mother and is also working. Considering the aforestated facts, namely the death of her husband, settlement of all disputes between the parties coupled with payment of all past, present and future claims of respondent No.2, this Court is inclined to quash the subject FIR (FIR No.204/2009).

Ms. Nandita Rao, Additional Standing Counsel submits that the investigation has not yet concluded.

Allowing such FIR to be investigated any further would not be fruitful to the parties.

For the reasons aforestated, the subject FIR (FIR No.204/2009) and all the emanating proceedings thereof are quashed.

The petition is allowed and Crl. M.A.17094/2015 also stands disposed of.

ASHUTOSH KUMAR, J NOVEMBER 24, 2015 ns