Surender Kumar & Ors v. State (Govt. of NCT of Delhi) & Anr

O R D E R %

04.11.2016 Crl. M.A. No. 17167/2016 (Exemption)

Allowed, subject to all just exceptions. By the present petition the petitioners seek quashing of FIR No. 1036/2014 under Sections 406/498A/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Mangol Puri, Delhi on the complaint of Respondent No.2 and the proceedings pursuant thereto on the ground that the parties have settled the matter. Learned APP for the State on instructions submits that in the above noted FIR the three petitioners are the only accused and the respondent No.2 is the only complainant/victim.

The complainant/Respondent No. 2 Ms. Seema Kumari who is present in Court and is identified by the Investigating Officer states that she has settled the matter with the petitioners before the District Mediation Centre, Rohini Court. In terms of the settlement marriage between the Petitioner No.1 and Respondent No. 2/complainant has been dissolved by a decree of divorce by mutual consent. As full and final settlement of all the claims, that is, maintenance, streedhan and alimony etc. of the Respondent No. 2, the Petitioner No.1 has paid a sum of `70,000/- and she has no claim whatsoever remaining against the petitioners. She states that she does not want to pursue the abovementioned FIR and the proceedings pursuant thereto. Petitioners who are present in Court and are identified by the learned counsel affirm the statement of respondent No.2 and state that they will abide by the terms of the Settlement. In view of the fact that the parties have amicably resolved their differences of their own free will, volition and without any coercion 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. 1036/2014 under Sections 406/498A/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registered at PS Mangol Puri, Delhi and proceedings pursuant thereto are hereby quashed.

Parties have signed this order sheet in acknowledgment of their statements made before this Court.

The petition is disposed of. Order dasti.

MUKTA GUPTA, J. NOVEMBER 04, 2016 'vn'

26# $~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + SURENDER KUMAR & ORS. ..... Petitioners Represented by: Mr. Vivek Sandhu, Advocate with petitioners in person. versus STATE (GOVT. OF NCT OF DELHI) & ANR. ..... Respondents Represented by: Ms. Meenakshi Chauhan, APP for the State with SI Uma Datt, PS Mangolpuri. Respondent No.2 in person. CORAM: HON'BLE MS. JUSTICE MUKTA GUPTA