Delhi High Court
Anil Uppal & Others vs The State & Ors on 18 July, 2008
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ Crl.M.C. No.2256/2008
% Date of Decision : 18.07.2008
Anil Uppal & Others ....... Petitioners
Through: Mr.B.B. Sharma, Advocate.
Versus
The State & Ors ......... Respondents
Through : Mr.R.N. Vats, APP for the State along
with ASI Sanjay Kumar, Police Station
Timar Pur.
Ms.Urmil Verma, Advocate for
respondent No.2 along with respondent
No.2 in person
CORAM :-
* HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may NO
be allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported NO
in the Digest?
ANIL KUMAR, J.
*
+ Crl.M.A.No.8370/2008 in Crl.M.C. No.2256/2008
Allowed, subject to just exceptions.
The application is disposed of.
Crl.M.C. No.2256/2008
The petitioners and respondent No.2 are present. Learned counsel
for the parties state that the matter has been settled after the demise of
husband of the respondent No.2. In terms of the settlement,
respondent No.2 has agreed to accept a sum of Rs.4.40 lakh in full and
final settlement of all her claims in respect of her istridhan,
maintenance and the dowry items.
The amount of Rs.4.40 lakh has been given by nine drafts, i.e.,
demand draft bearing Nos.132384 dated 03.07.2008 for a sum of
Rs.49,000/- drawn on Canara Bank, Koliwada, GTB Nagar, Mumbai-
400037; 106693 dated 04.07.2008 for a sum of Rs.25,000/- drawn on
ICICI Bank Limited, Shalimar Bagh, New Delhi; 884160 dated
03.07.2008 for a sum of Rs.48,000/- drawn on ICICI Bank Limited,
Connaught Place, New Delhi; 884093 dated 01.07.2008 for a sum of
Rs.48,000/- drawn on ICICI Bank Limited, Connaught Place, New
Delhi; 884099 dated 02.07.2008 for a sum of Rs.48,000/- drawn on
ICICI Bank Limited, Connaught Place, New Delhi; 026747 dated
03.07.2008 for a sum of Rs.28,000/- drawn on Punjab & Sind Bank,
229, Raghunath Chambers, Sion, Koliwada, Mumbai-400022; 026743
dated 02.07.2008 for a sum of Rs.49,000/- drawn on Punjab & Sind
Bank, 229, Raghunath Chambers, Sion, Koliwada, Mumbai-400022;
016940 dated 02.07.2008 for a sum of Rs.70,000/- drawn on HDFC
Bank Limited and 016935 dated 02.07.2008 for a sum of Rs.70,000/-
drawn on HDFC Bank Limited, to Ms.Sonia, respondent No.2, who is
present in the court and identified by her counsel. Respondent No.2
has also received today in the court a Fixed Deposit Receipt bearing
No.70753 dated 25/10/2000 in the name of Yukta Avinash Uppal (M)
for a sum of Rs.5,000/- which will mature on 25/04/2018. Certificate
of birth in the name of Yukta bearing No.0023790 from Municipal
Corporation of Greater Mumbai has also been handed over to
respondent No.2 today in the court. Learned counsel for the
petitioners also states that four certified copies of the death certificate of
the husband of respondent No.2, namely, Avinash Uppal, will also be
sent to the respondent No.2 by post later on within three months.
Let the statement of respondent No.2 be recorded.
Statement of respondent No.2 has been recorded. She has settled
all her disputes regarding all her claims for herself and on behalf of her
minor daughter, namely, Yukta, also known as Kumari Ritika for a sum
of Rs.4.40 lakh which has been given to the respondent No.2 in
presence of her counsel. Respondent No.2 does not want to continue
the proceedings against petitioners pursuant to her complaint
culminating into FIR No.465/2002 under Sections 406/498A/34 of
Indian Penal Code registered at Police Station Timarpur.
Considering the facts and entirety of circumstances, no fruitful
purposed shall be served in continuing the proceedings emanating from
FIR No.465/2002 under Sections 406/498A/34 of Indian Penal Code
registered at Police Station Timarpur. It shall also be in the interest of
justice to quash the abovesaid FIR. The settlement arrived at between
the petitioners and respondent No.2 also appears to be in the interest of
minor daughter, namely, Yukta, also known as Kumari Ritika, who is
aged about 8 years and the respondent No.2 is stated to be her mother
and natural guardian.
Therefore, in the facts and circumstances and in the interest of
justice, FIR No.465/2002 under Sections 406/498A/34 of Indian Penal
Code registered at Police Station Timarpur and all other proceedings
emanating therefrom and connecting therewith are quashed.
The petition is disposed of.
Copy of this order be given dasti under the signatures of the
Court Master of this Court.
July 18, 2008 ANIL KUMAR, J.
'Dev'
