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Sonu @ Dayanand & Ors vs State Of Nct Of Delhi & Anr on 8 May, 2023

Author: Swarana Kanta Sharma

Bench: Swarana Kanta Sharma

                          $~7
                          *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +     CRL.M.C. 2620/2019
                                SONU @ DAYANAND & ORS                                ..... Petitioners
                                                   Through:     Mr. Sanjeev Kumar, Advocate with
                                                                petitioners.

                                                   versus

                                STATE OF NCT OF DELHI & ANR                        ..... Respondents
                                                   Through:     Mr. Manoj Pant, APP for the State
                                                                with IO.
                                                                Respondent no. 2 in person.

                                CORAM:
                                HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
                                                   ORDER

% 08.05.2023

1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973, ('Cr.P.C') has been filed by the petitioners praying for quashing of FIR bearing no. 698/2015, registered at Police Station Jyoti Nagar, Delhi, for the offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 ('IPC') and 3/4 of Dowry Prohibition Act, 1961 and all consequential proceedings emanating therefrom.

2. Issue notice. Mr. Manoj Pant, learned APP accepts notice on behalf of the State.

3. Petitioners are present before this Court and have been identified by their counsel Mr. Sanjeev Kumar and Investigating Officer (IO) from Police Station Harsh Vihar, Delhi.

4. The brief facts of the present case are that marriage of petitioner no. 1 and respondent no. 2 was solemnized on 13.11.2013 according to Hindu rites and ceremonies. It is stated that some dispute arose between the parties and they could not live together. On the complaint of respondent no. 2, an FIR bearing no. 698/2015 was registered at Police Station Jyoti Nagar, Delhi, for the offences punishable under Section 498A/406/34 of IPC against petitioners. It is further stated that both petitioner no. 1 and respondent no. 2 have settled their disputes before Delhi Mediation Centre, Karkardooma Courts, Delhi on 20.02.2017.

5. On a query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent no. 2 that the entire dispute has been amicably settled between them before Delhi Mediation Centre, Karkardooma Courts, Delhi on 20.02.2017.

6. It is submitted by respondent no.2 that she has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with petitioner No.1 and other family members.

7. The petitioner no. 1 had paid a sum of Rs. 5,00,000/- in the following manner:

a. First installment of Rs. 30,000/- paid to respondent no. 2 on 14.12.2016.

b. Second instalment of Rs. 2,00,000/- paid to respondent no.2 at the time of recording of statement in first motion;

c. Second installlment of Rs. 2,00,000/- paid to respondent no.2 at the time of recording of statement in second motion; d. Fourth/Final instalment of Rs. 70,000/- to be paid at the time of Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:11.05.2023 19:09:20 quashing of the FIR before the Hon'ble High Court at New Delhi.

8. Today, the complainant who is present before this Court states that she has received the last and final instalment of Rs. 70,000/- today, i.e., 08.05.2023 vide DD No. 735550 drawn on Punjab National Bank, Shahdara, Delhi and has no objection if the FIR is quashed.

9. In view of the above facts that the parties have amicably resolved their differences out of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.

10. Accordingly, FIR bearing No. 698/2015, registered at Police Station Jyoti Nagar, Delhi, for the offences punishable under Sections 498A/406/34 of IPC and 3/4 of Dowry Prohibition Act, 1961 of the IPC and all consequential proceedings emanating therefrom are quashed.

11. The present petition stands disposed of.

12. The order be uploaded on the website forthwith.

SWARANA KANTA SHARMA, J MAY 8, 2023/kss Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:11.05.2023 19:09:20