Manoj Kumar & ORS v. The State & ANR

$~52 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MANOJ KUMAR & ORS ..... Petitioners Represented by:

Mr.Ocean Chaudhary, Ms.Mahima Misra and Mr.Shambhu, Advocates versus THE STATE & ANR ..... Respondents Represented by:

Mr.Sanjay Lao, ASC for the State with Ms.Hemlata Rawat, Advocate and W/SI Santosh, P.M.Cell, PS New Usman Pur.

CORAM:

HON'BLE MS. JUSTICE MUKTA GUPTA

O R D E R

% 08.10.2018 Crl.M.A.No.33710/2018 Allowed subject to just exceptions.

W.P.(Crl.) No.3070/2018 1.

By this petition, the petitioners seek quashing of FIR No.249/2012 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act registered against the petitioners at PS New Usman Pur on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. 2.

Learned Additional Standing Counsel for the State on instructions submits that in the above noted FIR the three petitioners are the only

accused and the respondent No.2 is the only complainant/victim. 3.

Respondent No.2 who is present in Court and is identified by the Investigating Officer states that she is now living with the petitioners in the matrimonial home for the last 18 months and she has now no cause of grievance and does not wish to pursue the abovenoted FIR and the proceedings pursuant thereto and the same be quashed. 4.

Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and assure that no cause of grievance will be given to respondent No.2 and all efforts will be made by the parties to ensure that the petitioner No.1 and respondent No.2 lead a happy married life.

5.

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.

6.

Consequently, FIR No.249/2012 under Sections 498A/406/34 IPC and Section 4 of the Dowry Prohibition Act and proceedings pursuant thereto are hereby quashed.

7.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

8.

Petition is disposed of. Order dasti.

MUKTA GUPTA, J.

OCTOBER 08, 2018 mamta