Sunil Kumar & Ors v. State NCT of Delhi & Anr

ORDER %

04.10.2010 \

¶1The present petition is filed by the petitioners under Section 482 Cr.P.C. praying inter alia for quashing of FIR No.217/2008 lodged by respondent No.2/compiainant, against her husband, petitioner No.l, and his family members, petitioners No.2 & 3, under Sections 406/498A/34 IPC with PS Najaf Garh, Delhi and all proceedings arising therefrom.

¶2Counsels for both parties state that after lodging of the FIR, with the intervention of the i^latrimonial Lok Adalat, the parties have arrived at a settlement, in terms of which both of them have now started residing together along with their two children. CRL M.C. 3173/2010 Certify that the digital file and physical file have been compared and the digital data is as per the physical file and no page is missing.

¶3The respondentNo.2/complainant,who is present in person and^ represented through counsel, confirms fact that settlement dated

17.5.2009 was arrived at by her before Matrimonial Lok Adalat of her own free will and volition and without any undue influence or coercion from any quarters, and now she is left with no grievance against the petitioners and is living with her husband along with their two children without any further incident of harassment caused by any of the petitioners.

¶4The petitioner No.l, who is also present in the Court, assures the <j Court that he and his family shall not give any cause for grievance to the respondent No.2/complainant on account of dowry demands or harassment.

¶5Learned APP for the State, on instruction from the 10, confirms fact that parties have arrived at a settlement before Matrimonial Lok Adalat, and now petitioner No.l and respondent No.2/complainant are living together along with their two children. He, therefore, does not oppose prayer made in the 41^ present petition.

¶6Having regard to the aforesaid submission made by the counsel for petitioners and taking into consideration the fact that petitioner No.l and respondent No. 2/complainant are now CRL M.C. 3173/2010 cohabiting at their matrimonial residence, no useful purpose will be served by proceeding further with FIR and proceedings arising therefrom.

¶7Accordingly, the prayer made in the petition is allowed and the FIR No.217/2008 lodged by the respondent No.2/complainant with PS Najaf Garh, Delhi and all proceedings arising therefrom stand quashed.

¶8The petition is disposed of along with the pending application. File be consigned to the record room. HIMA KOHLI,J OCTOBER 04, 2010 sk CRL.M.C. 3173/2010

* IN THE HIGH COURT OF DELHI AT NEW DELHI + CRLM.C. 3173/2010 & CrLM.A. No.15981/2010 SUNIL KUMAR & ORS. Petitioners Through : I^r. Sharda Verma, Adv. with petitioners in person. versus STATE NCT OF DELHI & ANR. Respondents Through : I^r. IM.N. Dudeja, APP for State, l^s. IMamta, Adv. for R-2 with Respondent No.2 in person. CORAM: HON'BLE I^S. JUSTICE HliviA KOHLI