Kuldeep Kumar & Ors vs The State (Govt. Of Nct Delhi) & Anr
2019 Latest Caselaw 6412 Del

$~25
*    IN THE HIGH COURT OF DELHI AT NEW DELHI
                       Date of decision: December 10, 2019
+      W.P.(CRL) 3433/2019 and CRL.M.A. 42271/2019

       KULDEEP KUMAR & ORS                                ..... Petitioners

                          Through      Mr. B.S. Barthwal and Mr.
                                       Manjesh       Giri,       Advocates
                                       alongwith petitioners in person
                          versus
       THE STATE (GOVT. OF NCT DELHI) & ANR ..... Respondents
                          Through      Mr. Sanjay Lao, ASC with Mr.
                                       Karanjeet Sharma, Advocate for
                                       State/Respondent no.1 alongwith
                                       ASI Rohitash, P.S.: Aman Vihar
                                       Mr. Arvind Duggal, Advocate for
                                       Respondent     no.2     alongwith
                                       Respondent no.2 in person
CORAM:
       HON'BLE MR. JUSTICE BRIJESH SETHI
                    JUDGMENT

BRIJESH SETHI, J (oral) The petitioners have filed the present petition under Section 482 of the Code of Criminal Procedure, 1973 for quashing of FIR No. 0160/2016, under Sections 498A/406/34 of the Indian Penal Code, 1860, r/w Section 4 Dowry Prohibition Act registered at P.S.: Aman Vihar and the proceedings emanating therefrom.

The Investigating Officer, who is present in Court, has identified the petitioners as well as respondent no.2.

The petitioners and respondent no.2 have submitted that they have settled their disputes before the Mediation Centre, Rohini District Courts, Delhi on 24.09.2018. The parties have already obtained divorce by mutual consent on 08.08.2019. The settlement amount was Rs. 2,25,000/-, out of which Rs. 75,000/- has been paid to respondent no.2 at the time of first motion and Rs. 75,000/- has further been paid to respondent no.2 at the time of second motion and a demand draft of Rs. 75,000/- has been handed over to respondent no.2 today in the court. Copy of the said demand draft has been placed on record.

Respondent no.2 reiterates the aforesaid facts and submits that they have amicably settled their dispute without any pressure or coercion from any source whatsoever. Respondent no.2 has further submitted that she has no objection if the FIR is quashed and the petition is allowed.

In view of the above settlement arrived at between the parties, this Court is of the view that no fruitful purpose would be served in keeping the parties entangled in the criminal proceedings. Accordingly, in the interest of justice, FIR No. 0160/2016, under Sections 498A/406/34 of the IPC r/w Section 4 Dowry Prohibition Act, registered at P.S.: Aman Vihar and the proceedings emanating therefrom are quashed.

Petition alongwith pending application stands disposed of accordingly.

(BRIJESH SETHI) JUDGE DECEMBER 10, 2019/savita