Harbans Singh & ORS v. State & ANR

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 3024/2017 HARBANS SINGH & ORS ..... Petitioners Through:

Mr.Amarjit Singh Bedi, Mr.Varun Chandhok and Ms.Meenakshi Agarwal, Advocates with the petitioners in person.

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

Mr.Kamal Kr. Ghei, APP for State with SI Surekha, PS. Malviya Nagar, New Delhi.

Mr.Paritosh Anil, Advocate for R2 with R2/complainant in person.

CORAM:

HON'BLE MR. JUSTICE I.S.MEHTA

O R D E R

% 30.08.2017 CRL.M.A.12526/2017 (Exemption) Exemption granted, subject to all just exceptions. Application stands disposed of.

CRL.M.C. 3024/2017 This is a petition under Section 482 Cr.P.C. filed on behalf of the petitioners for quashing of FIR No.544/2016, under Section 4 of Dowry Prohibition Act, registered at Police Station- Malviya Nagar, New Delhi and all the proceedings emanating therefrom.

Learned counsel for the petitioners has submitted that a misunderstanding has arisen between the parties resulting into the registration of aforesaid FIR against the petitioner. Counsel further submits that after the registration of the aforesaid FIR. the common friends intervened and the matter has been amicably sorted out and the same is reduced down in writing on 24th July, 2017 and the same has been acted upon by the parties and the settled amount as per the settlement has been paid by the petitioners to the respondent No.2 and nothing further remains to be paid to her, however, the aforesaid FIR is coming as hurdle in the personal life of the present petitioners and prays that the aforesaid FIR may be quashed.

The respondent no. 2, Ms.Pooja Papreja is present in person and has been identified by the IO SI Sureka of P.S-Malviya Nagar, New Delhi and is also represented by her counsel. The respondent No.2/complainant admits the settlement reached between the parties and execution of the settlement dated 24th July, 2017 and receiving of the settled amount and the last instalment amounting to Rs. 1,25,000/- (Rs. One Lakh and Twenty Five only) through vide DD No. 490250 dated 07.08.2017 drawn on Bank of Maharashtra. She further submits that she has no objection if the aforesaid FIR is quashed.

Looking into the above facts and circumstances since both the parties went wrong in their understanding and the misunderstanding has been sorted out and same has been reduced in writing on 24th July, 2017 and the said settlement is acted upon by the parties voluntarily and without any force, pressure or coercion and nothing remains to be adjudicated between the parties, in these circumstances, 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 proceedings emanating therefrom.

Consequently, FIR No.544/2016, under Section of Dowry Prohibition Act, registered at Police Station- Malviya Nagar, New Delhi and all the proceedings emanating therefrom are hereby quashed. The present petition is allowed and stands disposed of accordingly. Copy of this order be given dasti, as prayed. I.S.MEHTA, J AUGUST 30, 2017 'RV'