Anuj Tomar & ORS v. The State Of NCT Of Delhi & ANR

$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 5778/2018 & CRL.M.A. 47438/2018 ANUJ TOMAR & ORS .... Petitioners Through:

Mr. Mukesh Hooda, Adv. with the petitioners in person versus THE STATE OF NCT OF DELHI & ANR .... Respondents Through:

Mr.Ashish Dutta, APP with ASI Rajveer Singh, PS Karawal Nagar, Delhi Mr. Rajeev Kumar, Adv. for R-2 with the R-2 in person

CORAM:

HON'BLE MR. JUSTICE CHANDER SHEKHAR

O R D E R

% 24.05.2019 1.

The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No.1047/2014 dated 19.11.2014, 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.: Karawal Nagar, Delhi and the proceedings emanating therefrom. 2.

The petitioners and respondent No.2 as well as the learned counsel for the parties submitted that the parties have settled their disputes on their own free will, without any force or coercion before the Counselling Cell, Family Courts, Karkardooma, North-East, Delhi on 28.2.2018, in pursuance whereof, the marriage of the petitioner

No.1 and the respondent No.2 stands dissolved vide decree of divorce dated 10.10.2018.

3.

Respondent No.2, who is present in Court, has reiterated the aforesaid facts and submitted that the petitioners have to pay a sum of Rs.1.25 lacs to her. Respondent No.2 further submitted that in case the petitioners make the payment of the amount of Rs.1.25 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 two separate demand drafts bearing Nos.312728 dated 20.5.2019 for an amount of Rs.1 lac in favour of the respondent No.2 and 312729 dated 20.5.2019 for an amount of Rs.25,000/- in favour of the daughter of the petitioner No.1 and respondent No.2, namely, Kanika, which have been handed over to the respondent No.2 today in the Court. Learned counsel for the petitioners and respondent No.2 submitted that in view of the payment of the aforesaid 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.1047/2014 dated 19.11.2014, under Sections 498-A/406/34 of the IPC and Section 4 of the DP Act, registered at P.S.: Karawal Nagar, Delhi and the proceedings emanating therefrom are quashed. 7.

Petition is disposed of in above terms. Pending application stands disposed of.

CHANDER SHEKHAR, J MAY 24, 2019/rk