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High Court of DelhiCRL.M.C./5636/2018

Trilok Singh & ORS v. State ( Govt Of NCT Of Delhi) & ANR

2018-11-02Hon'Ble Mr. Justice Chander Shekhar2 pages

$~34 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5636/2018 TRILOK SINGH & ORS ..... Petitioners Through:

Mr. Faheem Alam, Advocate versus STATE ( GOVT OF NCT OF DELHI) & ANR.... Respondents Through:

Mr. Kamal Kumar Ghei, APP with SI Monu Chauhan, PS:Seemapuri, Delhi Mr. Paramjeet Singh, Advocate for respondent No.2

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 02.11.2018 1.

This is a petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.262/2017, PS:Seemapuri, Delhi under Sections 498-A/406/34 of the Indian Penal Code, 1860 ('IPC') and Section 4 of the Dowry Prohibition Act, 1961 ('DP Act').

2.

Learned counsel for the parties submitted that the parties have entered into a settlement dated 23.5.2018 before the Delhi Mediation Centre, Karkardooma Courts, Delhi, in terms whereof, the petitioner No.1 and respondent No.2 have already been granted divorce by the concerned court. Some payments have already been made by petitioner No.1 to respondent No.2, in terms of the settlement and only Rs.1,40,000/- is due and

payable.

3.

Respondent No.2, present in Court, is identified by the Investigating Officer as well as her counsel and they have verified the settlement effected between the parties. Respondent No.2 submitted that the settlement has been effected on her own free will, without any force, pressure or coercion. Respondent No.2 further submitted that in terms of settlement between the parties and with receipt of balance amount of Rs.1,40,000/- by way of a demand draft No.088767, dated 1.11.2018, drawn on Union Bank, the present petition may be allowed. Respondent No.2 further submitted that with receipt of this payment, nothing remains due from petitioner No.1. 4.

In view of the aforesaid circumstances, the settlement effected between the parties and the balance payment of Rs.1,40,000/- received today in Court by the respondent No.2 by way of a demand draft, this Court is of the view that no fruitful purpose would be served in keeping them entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No.262/2017, PS:Seemapuri, Delhi under Sections 498A/406/34 of the IPC and Section 4 of the DP Act and the proceedings emanating therefrom are quashed.

5.

Petition is disposed of in above terms.

CHANDER SHEKHAR, J NOVEMBER 02, 2018 tp