Ved Prakash Sharma & ORS. v. The State & ANR.

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4522/2016 VED PRAKASH SHARMA & ORS.

..... Petitioners Through:

Mr.S.G.Asthana, Advocate with the petitioners in person.

versus THE STATE & ANR.

..... Respondents Through:

Mr.G.M.Farooqui, APP for State with SI Neha Chaudhary, P.S. G.T.B.

Enclave, Delhi.

R-2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 05.12.2016 Crl.M.A.No.18909/2016 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 4522/2016 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners seeking quashing of FIR bearing FIR No.68/2014, under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, registered at Police Station G.T.B Enclave, Delhi and all proceedings arising therefrom. Learned counsel for the petitioners submits that the petitioner No.1 is

the husband, petitioner No.2 is the father-in-law and petitioner No.3 is the mother-in-law, petitioner No.4 is the sister-in-law and the petitioner No.5 is the brother-in-law of the respondent No.2/complainant. Counsel further submits that the petitioner No.1 got married to the respondent No.2/complainant on 16th February, 2010 at Delhi. Counsel further submits that the marriage between the parties was consummated and out of the said wed lock of the parties, a son, namely, Khuman Vashisth was born on 6th January, 2011. Learned counsel further submits that thereafter, due to the misunderstanding arisen between the parties, the respondent No.2/complainant got registered an FIR No.68/2014, under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act at Police Station G.T.B. Enclave, Delhi.

He further submits that after the registration of the FIR, the friends and near relatives intervened and subsequently the matter has been amicably settled between the parties at the Mediation Centre, Karkardooma Courts, Delhi vide Settlement Deed dated 6th June, 2015. Counsel for the petitioners further submits that now the respondent No.2/complainant is residing with the petitioner No.1 along with their minor son as husband and wife since 8th June, 2015 and she has no complaint and grievance left against the petitioners. Counsel thus submits that since the matter has already been amicably settled between the parties, no purpose would be served by continuing with criminal proceedings against the petitioners and prays that the FIR in question and all subsequent proceedings arising therefrom, which are coming in the way of the parties as a hurdle to lead their lives peacefully in near future, may be quashed. The respondent No.2/complainant is present in Court today along with her minor son Master Khuman Vashisth and her father and has been

identified by the IO SI Neha Chaudhary. The complainant admits that she has amicably settled the matter with the petitioners and that now she is living together with the petitioner No.1 along with their minor son as husband and wife at her matrimonial home since 8th June, 2015. She further submits that she is left with no claim or grievance of any nature against the petitioners and nothing remains to be adjudicated between the parties. She further submits that the settlement reached between the parties is voluntary and without any force, pressure or coercion and submits that she has got no objection if the FIR in question is quashed.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and that the petitioner No.1 and the respondent No.2/complainant are now living together as husband and wife along with their minor son peacefully and happily, I deem it appropriate to quash the FIR in question and all subsequent proceedings arising therefrom which are coming in their way to lead a happy and peaceful life in near future. Consequently, FIR No.68/2014, under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, registered at Police Station G.T.B Enclave, Delhi and all proceedings arising therefrom are hereby quashed.

The present petition stands disposed of in the above terms. Copy of this order be given dasti, as prayed. I.S.MEHTA, J DECEMBER 05, 2016 'dc'