Manoj Kandhari @ Manoj Singh & ANR v. State & ANR

$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANOJ KANDHARI @ MANOJ SINGH & ANR ..... Petitioners Through:

Mr. Pranjal Saran, Mr. Rajesh Gupta and Mr.

Harpreet Singh, Advocates with petitioner Nos.1 and 2.

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

Mr. Ashok Kr. Garg, APP for State with SI Sunil Kumar, PS K.N. Katju Marg.

Ms. Shaheen, Adv. for Mr. Devender Chaudhary, Advocate with respondent No.2.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 12.07.2017 CRL.M.A. 10725/2017 (exemption) Allowed, subject to all just exception.

Application stands disposed of.

The instant petition has been filed by the petitioners seeking quashing of FIR No.480/2014 under Sections 498/406/34 IPC and Section 3 & 4 of Dowry (Prohibition) Act, registered at P.S. K.N. Katju Marg, New Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter.

Respondent No. 2 is present in Court today and is identified by the learned counsel and the Investigating Officer. She states that she has settled the matter with the petitioners for a total settlement amount of Rs.4,00,000/- with her own free will and choice without any threat, pressure and coercion before Family Court (North), Rohini Courts, Delhi vide Decree of Divorce dated 05.06.2017. She further states that she was to receive a total sum of Rs.4,00,000/- out of which she has already received a sum of Rs.1,50,000/- from the petitioner No.1 at the time of grant of bail by order dated 30.10.2014 and she has already received the amount of Rs.1,00,000/- each from the petitioner No.1 by way of Banker's DD No.300384 & 303840 drawn on UCO Bank dated 25.11.2016 & 30.05.2017 and the balance amount of Rs.50,000/- in cash has been received by her today in Court. She further states that she has no claim whatsoever remaining against the petitioners and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto.

Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and out of their own free will and without any coercion, pressure, 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. 480/2014 under Sections 498/406/34 IPC and Section 3 & 4 of Dowry (Prohibition) Act,

registered at P.S. K.N. Katju Marg, New Delhi and proceedings pursuant thereto are hereby quashed.

The petition is disposed of.

SANGITA DHINGRA SEHGAL, J JULY 12, 2017 afa