Bhanu Partap & ORS v. State (Govt Of NCT Delhi) & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2652/2017 BHANU PARTAP & ORS ..... Petitioners Through:
Mr.B.S.Bartwal, Advocate with the petitioners in person.
versus STATE (GOVT OF NCT DELHI) & ANR ..... Respondents Through:
Mr.Kamal Kr. Ghei, APP for State with SI Omveer Singh, P.S. Nand Nagri, Delhi.
R-2/complainant in person.
CORAM:
HON'BLE MR. JUSTICE I.S.MEHTA
O R D E R
% 17.07.2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.404/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station Nand Nagri, Delhi and all proceedings arising therefrom. Learned counsel for the petitioners has submitted that the petitioner No.1 Bhanu Pratap got married with the respondent No.2 Smt. Inglesh on 05.05.2011 as per Hindu rites and customs and out of the said wedlock, one son, namely, Divyanshu was born. Counsel further submits that after the marriage, a misunderstanding had arisen between the parties, which resulted
into registration of the aforesaid FIR against the petitioners. Counsel further submits that after the registration of the FIR, the near relatives and the friends intervened and the matter has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 25.01.2017 and in terms of the said settlement, the respondent No.2 along with her minor son has joined her matrimonial home and now she is living together with her husband happily and peacefully. Counsel further submits that since the matter has been amicably settled between the parties and the respondent No.
2 along with her minor son has joined her matrimonial home and living together with her husband at her matrimonial home happily and nothing further remains to be adjudicated between the parties, however, the present FIR is coming as hurdle in the peaceful life of the parties, and prays that the FIR and all proceedings arising therefrom may be quashed. The respondent No.2/complainant Smt. Inglesh is present in Court in person and has been identified by the Investigating Officer SI Om Veer Singh, P.S. Nand Nagri, Delhi. The respondent No.
2 present in person admits the factum of amicable settlement with the petitioners and submits that in terms of the said settlement she along with her minor son is now living together with her husband at her matrimonial home happily and peacefully and she is left with no grievance against the petitioners, as her husband Bhanu Pratap (petitioner No.1) is keeping her and her son well and looking after them well till date and she does not want any further action qua against the petitioners and further submits that she has no objection if the FIR in question is quashed.
Looking into the aforesaid facts and circumstances, since the matter
has been amicably settled between the parties and the same has been reduced into writing before the Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 25.01.2017 and in terms of the said settlement, the respondent No.2 along with her minor son has joined her matrimonial home and living together with her husband happily and nothing further remains to be adjudicated between the parties, to have peace in the life of the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all subsequent proceedings arising from the same. Consequently, FIR No.404/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station Nand Nagri, Delhi and all proceedings arising therefrom are hereby quashed. The parties shall remain bound by the terms of the settlement dated 25.01.2017.
The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti to the parties, as prayed. I.S.MEHTA, J JULY 17, 2017 'dc'