Yogesh Rathore & Ors. vs State & Anr
2017 Latest Caselaw 5085 Del

$~21
*        IN THE HIGH COURT OF DELHI AT NEW DELHI
+        W.P.(CRL) 2359/2017
         YOGESH RATHORE & ORS.                     ..... Petitioners
                     Through Mr. Jagat Singh Baasta, Advocate along
                     with petitioners in person.

                             versus

         STATE & ANR                                      ..... Respondents
                             Through Mr. Rahul Mehra, Standing Counsel for
                             the State with Mr. Jamal Akhtar Advocate along
                             with SI B.D. Meena, PS Badarpur, Delhi.
                             Respondent No.2 in person.

         CORAM:
         HON'BLE MR. JUSTICE VINOD GOEL
                      ORDER

% 14.09.2017

1. Status report has been filed.

2. Notice to respondent No.2. She is present in person and accepts notice. She is duly identified by IO SI B.D. Meena.

3. The petitioners have invoked the writ jurisdiction of this court under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'Cr.PC') for quashing of the FIR bearing No.0433/2015, registered on 02.07.2015 against them with Police Station Badarpur, District South-East, Delhi, under Sections 406 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 on the complaint of respondent No.2.

4. The daughter of the respondent no. 2 was engaged to marry with petitioner no. 1. Their marriage was to take place on 28.05.2015.

However, due to some differences, the marriage could not materialize as the respondent No.2 alleged that demands of dowry were made by the petitioners. The respondent no. 2 lodged said FIR against the petitioners.

5. On 16.08.2016, the parties had settled the matter amicably. The compromise deed was reduced in writing. Copy of the same is placed on record. By the said agreement, it was agreed that a sum of Rs.80,000/- shall be paid by the petitioner no. 1 to the respondent no. 2 being the expenses incurred by her in the engagement ceremony.

6. At the time of settlement a sum of Rs.40,000/- was paid to the respondent no. 2 by the petitioners. It is submitted that the balance sum of Rs.40,000/- was paid to the respondent no. 2 by the petitioners on 21.08.2017. The respondent No.2 submits that she had voluntarily settled all her disputes with the petitioner without any force or coercion. She submits that she had received the entire settlement amount from the petitioners. She submits that she does not want to pursue the said FIR. She submits that the said FIR may be quashed.

7. Learned ASC through IO submits that the charge sheet has already been filed against all the petitioners.

8. Both the parties submit that now nothing is due and recoverable by them against each other. Since the parties have amicably settled all their disputes, no fruitful purpose would be served in further pursuing with the said FIR. Hence, to secure ends of justice, the FIR bearing No.0433/2015, registered on 02.07.2015 with Police Station Badarpur, South-West, Delhi, under Sections 406 of IPC and Section 3/4 of the Dowry Prohibition Act, 1961 and proceedings arising out of

the said FIR are hereby quashed.

9. The petition is disposed of accordingly.

10. DASTI.

VINOD GOEL, J.

SEPTEMBER 14, 2017 "shailendra"