High Court of DelhiW.P.(CRL)/3187/2017

Ashwani Madhu & ORS v. The State Govt Of NCT Of Delhi & ANR

2017-11-17Hon'Ble Mr. Justice Najmi Waziri2 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 3187/2017 & CRL.M.A. 18849/2017 ASHWANI MADHU & ORS ..... Petitioners Through:

Mr. Praveen Maheshwari, Advocate.

versus THE STATE GOVT OF NCT OF DELHI & ANR ..... Respondents Through:

Ms. Richa Kapoor, ASC for State with W/ASI Sangeeta, P.S. Seema Puri.

CORAM:

HON'BLE MR. JUSTICE NAJMI WAZIRI

O R D E R

% 17.11.2017 This petition seeks quashing of FIR no. 461/2015 registered under sections 498-A/406/34 IPC and section 4 of Dowry Prohibition Act registered at Police Station, Seemapuri pursuant to a matrimonial dispute on the complaint of respondent no. 2, Ms. Meha Soni. She has since compromised all her disputes with the petitioners and indeed a divorce decree has been pronounced between her and her erstwhile husband Mr. Ashwani Madhu viz. petitioner no. 1. A settlement deed dated 06.04.2017 is on record. She was to have been paid a total amount of Rs. 6 lacs, of which only 2 lacs remains to be paid. The parties are present in the Court and have been identified by their respective counsel. They reiterate the terms of the settlement and undertake to abide by the same. Their undertaking is accepted. She has been handed over the balance amount of Rs. 2 lacs in the Court through her counsel. She also states that she does not wish to pursue the grievances against the petitioners. In the circumstance, substratum of the

FIR is largely eroded and any further proceedings arising therefrom would be an exercise in futility. Keeping the FIR alive would serve no purpose and it would therefore be in the interest of justice if the FIR is quashed. The Court is of the view that a case is made out for quashing of FIR no. 461/2015 registered under sections under sections 498-A/406/34 IPC and section 4 of Dowry Prohibition Act registered at Police Station, Seemapuri. Accordingly, the said FIR and all proceedings emanating from it are quashed.

The petition is disposed off in the above terms. NAJMI WAZIRI, J NOVEMBER 17, 2017 RW