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High Court of DelhiCRL.M.C./4549/2016

Vinita Gupta & ORS. v. State Of NCT Of Delhi & ANR.

2016-12-06Hon'Ble Mr. Justice S.P.Garg2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4549/2016 VINITA GUPTA & ORS.

..... Petitioners Through :

Mr.Pankaj K.Mishra & Ms.Archana Mishra, Advocates along with petitioners in person.

versus STATE OF NCT OF DELHI & ANR.

..... Respondents Through :

Mr.Amit Gupta, APP with SI Uma Datt, PS Mangolpuri.

Complainant in person.

CORAM:

HON'BLE MR. JUSTICE S.P.GARG

O R D E R

% 06.12.2016 CRL.M.A.No.19028/2016 (Exemption) Exemption allowed subject to all just exceptions. The application stands disposed of.

CRL.M.C. 4549/2016 1.

Present petition has been filed under Section 482 Cr.P.C. for quashing of FIR No.1042/2014 registered under Sections 498A/406/34 IPC and Sections 3/4 Dowry Prohibition Act, 1961 at PS Mangolpuri, New Delhi. It is stated that the matter has been settled amicably with the complainant / respondent No.2 vide MOU dated 16.11.2016.

CRL.M.C. 4549/2016

2.

Complainant / respondent No.2 is present and has been identified by the Investigating Officer. I have enquired from the complainant if she has settled the dispute with the petitioners amicably without any fear or pressure. She has informed that all the disputes between her and petitioners have been resolved amicably with her free consent and she is living with her in-laws (petitioners) for the last about one year. She has no objection to the quashing of the FIR in question qua the petitioners.

It is relevant to note that victim has not settled the dispute so for with her husband. 3.

The petition is supported by affidavits of the parties. Copy of MOU dated 16.11.2016 has been placed on record. Since the dispute between the complainant and petitioners has been settled and the complainant is residing with her in-laws (petitioners) in the matrimonial home happily, no useful purpose will be served to continue with the proceedings. In the interest of justice and to enable the parties to maintain their matrimonial relations, No.1042/2014 registered under Sections 498A/406/34 IPC and Sections 3/4 Dowry Prohibition Act, 1961 at PS Mangolpuri, New Delhi and all the proceedings arising therefrom are quashed qua the petitioners. Proceedings against victim's husband shall continue. 4.

The petition stands disposed of accordingly.

S.P.GARG, J DECEMBER 06, 2016 / tr CRL.M.C. 4549/2016