Farukh & ORS v. State & ANR

$~59 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 4771/2017 & Crl.M.A. 19015/2017 FARUKH & ORS ..... Petitioners Through:

Mr.M.Shamikh, Adv. with Petitioners in person.

versus STATE & ANR ..... Respondents Through:

Mr.Mukesh Kumar, APP for State with SI Ashwani Kr. from PS-Jyoti Nagar for R-1.

Mr.Sunil Kumar, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MS. JUSTICE SANGITA DHINGRA SEHGAL

O R D E R

% 20.11.2017 The instant petition has been filed by the petitioners seeking quashing of FIR No.166/2016 under Section 498A/406/34 IPC and Section 3 & 4 of Dowry Prohibition Act, 1961, registered at PS-Jyoti Nagar, Delhi on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that a compromise/settlement has been arrived at between the parties in the matter on 08.05.2017 before Delhi Mediation Centre, Karkardooma Courts, Shahdara, Delhi.

Respondent No. 2 is present in Court today and is identified by her counsel and the Investigating Officer. She states that she has settled the matter with the petitioner in terms of Mediation order dated 08.05.2017. As per said order, the petitioners were required to pay a sum of ₹1,00,000/- to the respondent No. 2 at the time of quashing the FIR. Today, the petitioners have paid a sum of ₹1,00,000/- in cash to the respondent No. 2. CRL.M.C. 4771/2017

She states that she has no claim whatsoever remaining against the petitioner and does not wish to pursue the abovementioned FIR and the proceedings pursuant thereto. Statements of the parties have been recorded separately. In view of the fact that the parties have amicably resolved their differences voluntarily and of their own free will and without any coercion, pressure, and no useful purpose will be served in continuance of the proceedings, rather the same would create further acrimony between them, it would be in the interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. Consequently, FIR No.166/2016 under Section 498A/406/34 IPC and Section 3 & 4 of Dowry Prohibition Act, 1961, registered at PS-Jyoti Nagar, Delhi and proceedings pursuant thereto are hereby quashed.

The petition alongwith pending application is disposed of. SANGITA DHINGRA SEHGAL, J NOVEMBER 20, 2017/ssc CRL.M.C. 4771/2017