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High Court of DelhiW.P.(CRL)/2792/2016

Mohd. Irfan & ORS. v. State & ANR.

2016-09-23Hon'Ble Ms. Justice Mukta Gupta3 pages

34# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MOHD. IRFAN & ORS.

..... Petitioners Represented by:

Mr. M.M. Hashmi, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Represented by:

Mr. Piyush Singhal, Advocate Advocate for Mr. Ashish Agarwal, Additional Standing Counsel for the State with SI Kuldeep Singh, PS Khajoori Khas.

Mr. A.A. Khan, Advocate for respondent No.2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 23.09.2016 By the present petition the petitioners seek quashing of FIR No. 205/2016 under Sections 498A/406/354/506/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Khajuri Khas, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned proxy counsel for the learned Additional Standing Counsel for the State on instructions from the Investigating Officer submits that in

the above noted FIR the eight petitioners are the only accused and the respondent No.2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Gulshan who is present in Court and is identified by the learned counsel and Investigating Officer states that the Petitioners and Respondent No.2/Complainant have entered into a Compromise. She is now living separately with petitioner No. 1 her husband away from the other family members and she has no cause of grievance against the petitioners. She further states that in view of the settlement between the parties, she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners, who are present in Court and are identified by their counsel affirm the statement made by respondent No.

2 and state that no cause of grievance would be given to the respondent No.2 and there will be no intereference in the happy married life of the petitioner No.1 and respondent No.2 and they will abide by the terms of settlement. 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. 205/2016 under Sections 498A/406/354/ 506/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 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.

SEPTEMBER 23, 2016 'vn'