Chand Mohd. & ORS. v. State (Gnct Of Delhi) & ANR.

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

..... Petitioners Represented by:

Mr. S.K. Roy, Advocate with petitioners in person.

versus STATE (GNCT OF DELHI) & ANR.

..... Respondents Represented by:

Ms. Meenakshi Chauhan, APP for the State with SI K.P.

Singh, PS Seelampur.

Mr. Mohd. Asif, Advocate for respondent No. 2 with respondent No.2 in person.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 29.11.2016 By the present petition the petitioners seek quashing of FIR No. 134/2014 under Sections 406/498A/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at PS Seelampur, 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 having gone through the paper-book submits that in the above noted FIR six petitioners are the only accused and the respondent No. 2 is the only complainant/victim. The complainant/Respondent No. 2 Ms. Shama Praveen, who is

present in Court and is identified by the learned counsel and the Investigating Officer states that she has settled the matter with the petitioners. Talaq has been pronounced between petitioner No.1 and respondent No.2 thereby dissolving their subsisting marriage. She states that she has now no claims whatsoever against the petitioners in respect of dowry and streedhan articles, maintenance, mehar, iddat or permanent alimony. She further states that the minor child Ayaz born out of the wedlock of petitioner No.1 and respondent No.2 will remain in her care and custody and the petitioners will neither have the custody nor the visiting rights. She also states that she has received a sum of ₹2 lakhs for the maintenance of the minor child Ayaz.

She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the settlement arrived at between the parties at the Delhi Mediation Centre, Karkardooma Courts on 24th October, 2016. 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. 134/2014 under Sections 406/498A/34 IPC and Section 4 of the Dowry Prohibition Act, 1961, registered at PS

Seelampur, 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.

NOVEMBER 29, 2016 'vn'