Shri Parveen Kumar Singla v. The State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 2823/2017 SHRI PARVEEN KUMAR SINGLA ..... Petitioner Through:

Mr.R.S.Sharma, Advocate with the petitioner in person.

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

Mr.Panna Lal Sharma, APP for State with SI Aadesh, P.S. Begumpur, Delhi.

Mr.Neeraj Dinkar, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 24.07.2017 This is a petition under Section 482 Cr.P.C. for quashing of FIR No.896/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station Begumpur, Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioner has submitted that the petitioner got married to the respondent No.2 Smt. Neha on 24.06.2004 as per Hindu rites and customs.

Counsel further submits that after the marriage a misunderstanding had arisen between the parties which resulted into the registration of the aforesaid FIR against the petitioner. Counsel further submits that after the registration of the FIR, the near relatives and friends

intervened and the matter in dispute has been amicably settled orally. Counsel further submits that as per the said oral settlement, it was agreed between the parties that an amount of Rs.15,50,000/- would be paid by the petitioner to the respondent No.2. Counsel further submits that the terms of the said oral settlement have been acted upon between the parties and all due amounts as per the settlement have been paid by the petitioner to the respondent No.2 and the last instalment amounting to Rs.5,00,000/- has also been paid to her vide demand draft bearing No.233095 dated 10.07.2017 drawn in her favour and nothing further remains to be paid to her. Counsel further submits that the marriage between the petitioner and the respondent No.2 has already been dissolved vide judgment and decree dated 31.05.

2017 passed by the Judge, Family Courts (North-West), Rohini, Delhi in HMA No.823/17 and nothing further remains to be adjudicated between them, however, the present FIR is coming as hurdle in the personal life of the present petitioner and prays that the FIR in question and all proceedings arising therefrom may be quashed.

The respondent No.2/complainant, Smt.Neha is present in Court today and has been identified by the Investigating Officer, SI Aadesh, P.S. Begumpur, Delhi and also represented by her counsel. The respondent No.2/complainant present in person admits the factum of amicable settlement with the petitioner orally. She further submits that her marriage with the petitioner has already been dissolved vide judgment and decree dated 31.05.2017 passed by the Judge, Family Courts (North-West), Rohini, Delhi in HMA No.823/17 and nothing further remains to be adjudicated between them and she has no objection if the FIR in question is quashed. Keeping in view the above facts and circumstances since the matter in

dispute has been amicably settled between the parties orally and the terms of the said oral settlement have been acted upon between the parties and all due amounts as per settlement have been received by the respondent No.2 from the petitioner and the marriage between the petitioner No.1 and marriage between the petitioner and the respondent No.2 has already been dissolved vide judgment and decree dated 31.05.2017 passed by the Judge, Family Courts (North-West), Rohini, Delhi in HMA No.823/17 and nothing further remains to be adjudicated between them, to have peace in the life of both the parties and to meet the ends of justice, I deem it appropriate to quash the FIR and all proceedings arising therefrom.

Consequently, the FIR No.896/2014, under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at Police Station Begumpur, Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is allowed and disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J JULY 24, 2017 'dc'