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High Court of DelhiCRL.M.C./4171/2016

Sunil Dutt & ORS. v. State (G.N.C.T. Of Delhi) & ANR.

2017-04-10Hon'Ble Ms. Justice Mukta Gupta3 pages

15# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SUNIL DUTT & ORS.

..... Petitioners Represented by:

Ms. Sujata Ray, Advocate with petitioners in person.

versus STATE (G.N.C.T. OF DELHI) & ANR.

..... Respondents Represented by:

Mr. Amit Ahlawat, APP for the State with SI Jagbir Singh, PS Shahdara.

Respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 10.04.2017 By the present petition the petitioners seek quashing of FIR No. 135/2015 under Section 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Shahdara, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter.

Learned APP for the State on instructions from the Investigating Officer submits that in the above noted FIR the ten petitioners are the only accused and the respondent No.2 the only complainant/victim. Respondent No.2 who is present in Court and is identified by the Investigating Officer states that he has settled the matter with the petitioners

before the Counselling Cell, Family Courts on 27th March, 2015. Pursuant to the settlement the Petitioner No.1 and respondent No.2 are living with their two minor children at a separate floor in the same matrimonial home with separate kitchen for the last nearly two years. She further states that she has no cause of grievance now and that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by learned counsel affirm the statement of respondent No. 2 and state that they will abide by the terms of settlement arrived at between the parties before the Counselling Cell, Family Courts on 27th March, 2015. They also assure that no cause of grievance will be given to the respondent No.

2 or her family members and the petitioners will ensure that the petitioner No.1 and respondent No.2 along with their minor children lead a happy married life. 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, 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. 135/2015 under Section 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Shahdara, Delhi and proceedings pursuant thereto are hereby quashed. Parties have signed this order sheet in acknowledgment of their statements made before this Court.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

APRIL 10, 2017 'vn'