Abhishek Chaturvedi & ANR v. State Of NCT Of Delhi & ANR

$~35 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5429/2018 & CRL.M.A.36553/2019 ABHISHEK CHATURVEDI & ANR .... Petitioners Through Mr.Neeraj Kant Singh and Mr.Vimal Tripathi, Advs. with the petitioners in person versus STATE OF NCT OF DELHI & ANR .... Respondents Through Mr. Mukesh Kumar, APP wotj SI CB Sharma R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 23.10.2019 Crl.M.A.36553/2019 (for impleadment) In view of the cause submitted in the application, the application is allowed and Ms. Mangla Chaturvedi is impleaded as petitioner No.4. Amended memo of parties is taken on record. Application stands disposed of.

CRL.M.C. 5429/2018 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.0725/2016, under Sections 498-A/406/34 of the Indian Penal Code, 1860 („IPC‟) and Section 4 of the Dowry Prohibition Act, 1961 („DP Act‟), registered at P.S.: New Usmanpur, Delhi and the

proceedings emanating therefrom.

2.

The petitioners and respondent No.2 as well as the learned counsel for the respondent No.2 submitted that the parties have settled their disputes on their own free will, without any force or coercion as is evident from the order dated 14.11.2017 in HMA No.646/2017 before the Principal Judge, Family Courts, Karkardooma Court, Delhi, in pursuance whereof, the marriage of the petitioner No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 14.11.2017.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioner has to pay the balance amount of Rs.2 lacs to her in terms of the settlement arrived at between the parties. Respondent No.2 further submitted that in case the petitioners make the payment of the balance amount of Rs.2 lacs to her, she has no objection to the petition being allowed and the FIR being quashed.

4.

Learned counsel for the petitioners submitted that the petitioners have brought a demand draft bearing No.069808 dated 17.8.2019 for an amount of Rs.2 lacs which has been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners submitted that in view of the payment of the balance amount to the respondent No.2, the present petition may be allowed and the FIR may be quashed.

5.

The Investigating Officer („IO‟), who is present in Court, has identified the petitioners as well as respondent No.2 and has also

verified the settlement arrived at between the parties. 6.

In view of the aforesaid circumstances and the settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.0725/2016, under Sections 498-A/406/34 of the IPC and Section 4 of the DP Act, registered at P.S.: New Usmanpur, Delhi and the proceedings emanating therefrom are quashed.

7.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J OCTOBER 23, 2019/rk