Ravi Shankar Sharma & ORS v. The State NCT Of Delhi & ANR

$~16 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RAVI SHANKAR SHARMA & ORS ..... Petitioners Through:

Mr.Prevendra Kumar, Advocate Petitioners No.2 & 3 in person.

Petitioners No.1, 4 & 5 through SPA versus THE STATE NCT OF DELHI & ANR ..... Respondents Through:

Mr.Rajesh Mahajan, ASC for the State with SI Ashwani Kumar, PS Jyoti Nagar.

Mr.Pradyumna Singh, Advocate for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE PRATIBHA RANI

O R D E R

% 09.11.2017 CRL.M.A.18324/2017 1.

Exemption allowed, subject to all just exceptions. 2.

The application is disposed of.

1.

By way of present writ petition filed under Article 226 of the Constitution of India read with Section 482 Cr.P.C., the petitioners are seeking quashing of FIR No.356/2013 under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, P.S. Jyoti Nagar, Delhi and all the proceedings arising therefrom.

2.

Brief facts leading to filing of this petition are that marriage between petitioner No.1 and respondent No.2/complainant was solemnized on 8th February, 2006 according to Hindu rites and ceremonies. Respondent No.2 filed a complaint against the petitioners for treating her with cruelty and also for misappropriation of stridhan which resulted into registration of FIR No.356/2013 under Section 498A/406/34 IPC, PS Jyoti Nagar. 3.

During the pendency of the proceedings the matter was referred to Mediation Centre, Karkardooma Court. With the intervention of Mediation Centre, the parties arrived at amicable settlement vide mediation settlement dated 28th September, 2016, which is annexed along with this petition as Annexure 'P'.

4.

Learned counsel for the petitioners submits that petitioners and respondent No.2 have arrived at amicable settlement and the marriage between the two has been dissolved by decree of Divorce dated 4th August, 2017. No useful purpose would be served by continuance of criminal proceedings against the petitioners. Counsel thus prays for quashing of the FIR and all subsequent proceedings arising out of said FIR qua the petitioners.

5.

Respondent No.2 is present in Court today and she also confirms the factum of amicable settlement with the petitioners. She submits that she does not wish to continue criminal proceedings against the petitioners and has no objection if the FIR in question and all consequent proceedings arising therefrom are quashed.

6.

In view of the aforesaid amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing with the FIR/ criminal proceedings against the petitioners,

which will only be an exercise in futility and wastage of precious time of the Court.

7.

Accordingly, the petition is allowed and FIR No.356/2013 under Sections 498-A/406/34 IPC and Section 4 of Dowry Prohibition Act, P.S. Jyoti Nagar, Delhi and all the proceedings arising therefrom are hereby quashed.

Order dasti.

PRATIBHA RANI, J.

NOVEMBER 09, 2017 'hkaur'