Kamal Luthra & ORS v. State & ANR
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 5090/2018, CRL MA 33596/2018 KAMAL LUTHRA & ORS ..... Petitioners Through Mr. R P Luthra, Adv versus STATE & ANR .... Respondents Through Ms. Aashaa Tiwari, APP for State SI Deshpal, PS Gandhi Nagar Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
O R D E R
% 05.10.2018 Notice. Learned APP accepts notice for respondent no. 1. Respondent no.2-Sheetal Mehta is present in Court, who accepts notice.
She has been identified by SI Deshpal of police station Gandhi Nagar.
Learned APP submits that apart from five petitioners, Sangeeta Luthra and Satish Luthra are also accused persons but they have not been impleaded in the present petition. On oral prayer made by the learned counsel for petitioners, Sangeeta Luthra and Satish Luthra are impleaded as respondent nos. 3 and 4 respectively. Amended memo of parties has been filed and is taken on record. It is submitted that petitioner no.1 and respondent no.2 were engaged but their engagement broke of subsequently which led to registration of FIR No.229/2018 under sections 406/34 IPC and
sections 3 & 4 of Dowry Prohibition Act, 1961 registered at police station Gandhi Nagar. Petitioner nos.2 to 5 and respondent nos. 3 and 4 are relatives of petitioner no.1.
Respondent no.2 submits that she has settled the matter with petitioner no. 1 of her own free will and without any undue force, pressure or coercion vide Settlement Deed dated 29th September, 2018. She further submits that she has already received entire settled amount from petitioner no. 1 and has no objection in case aforesaid FIR which is at investigation stage, is quashed against the petitioner no.1 and his relatives, that is, petitioner nos.2 to 5 and respondent nos. 3 & 4.
Keeping in mind the settlement arrived at between the petitioners and respondent no. 2 voluntarily, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. Accordingly, in the interest of justice, aforesaid FIR is quashed. Petition is disposed of in the above terms.
Miscellaneous application is disposed of as infructuous. Dasti. A.K. PATHAK, J OCTOBER 05, 2018 sm