Pradeep Gupta v. State & ANR

$~38 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(CRL) 2858/2016 PRADEEP GUPTA ..... Petitioner Through :

Mr.

Sandeep Gupta, Adv.

with petitioner in person.

versus STATE & ANR ..... Respondents Through :

Mr. Ashish Aggarwal, ASC with SI Habib Ahmed PS Shahdara for R-1.

Respondent no.2 in person.

CORAM:

HON'BLE MR. JUSTICE A.K. PATHAK

O R D E R

% 28.09.2016 Marital discord between petitioner and respondent no.2 had led to registration of the present FIR under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 at police station Shahdara on the complaint of respondent no.2. Petitioner and respondent no.2 have settled their disputes vide settlement deed dated 21st April, 2015. It is submitted that terms of settlement have already been complied with by the parties. Marriage between petitioner and respondent no.2 has already been dissolved by decree of divorce dated 3rd February, 2016 by mutual consent passed by Family Court, Shahdara, Delhi.

Respondent no.2 is present in Court and has been identified by SI Habib Ahmed of PS Shahdara. She admits having

received the entire settled amount.

She submits that she is not willing to pursue the FIR any further and same may be quashed. Keeping in mind the fact that petitioner and respondent no.2 have settled their disputes, inasmuch as, the entire settled amount has been received and their marriage has already been dissolved, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, FIR No.827/2014 under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961 registered at police station Shahdara is quashed.

Writ petition is disposed of in the above terms. A.K. PATHAK, J.

SEPTEMBER 28, 2016/dk