Delhi High Court - Orders
Krishan @ Manish & Ors vs The State (Gnctd Of Delhi) & Anr on 3 December, 2021
Author: Mukta Gupta
Bench: Mukta Gupta
$~32
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 2396/2021
KRISHAN @ MANISH & ORS. ..... Petitioner
Represented by: Mr. Lohit Ganguly, Mr. Anand
Bhardwaj, Mr. D. Endow, Advs.
versus
THE STATE (GNCTD OF DELHI) & ANR. ..... Respondent
Represented by: Ms. Shivani Sharma, Ms. Surabhi
Katyal, Advs. for Ms. Richa Kapoor,
ASC for State with ASI Swatantra
Kumar, PS Anand Parbat.
Mr. Arun Chauhan, Adv. for R-2 with
R-2 thru VC.
CORAM:
HON'BLE MS. JUSTICE MUKTA GUPTA
ORDER
% 03.12.2021 The hearing has been conducted through Video Conferencing. CRL.M.A. 19324/2021 Exemption allowed subject to just exception.
W.P.(CRL) 2396/2021
1. By this petition the petitioners seek quashing of FIR No. 319/2018 under Sections 498-A/406/34 IPC registered at PS Anand Parbat on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that parties have entered into a settlement.
2. Learned counsel appearing on behalf of the State submits that in the above-noted FIR the four petitioners are the accused and respondent No.2 Signature Not Verified W.P.(CRL) 2396/2021 Page 1 of 3 Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:03.12.2021 20:22:39 the complainant/ victim and no other person is involved.
3. In the above-noted FIR the respondent No.2 stated that she got married to the petitioner No.1 on 7th May, 2017 and her parents spent a huge sum of money in the marriage beyond their capacity. It was represented to the complainant and her parents that the petitioner No.1 was a graduate and had received a call letter and would be shortly employed in the Railways. However, subsequently it was found that the petitioner No.1 was not employed with the Railways. After one day of the marriage itself the complainant was tortured, threatened and insulted for insufficient dowry stating that the family of the petitioners have been insulted in the society. A sum of ₹5 lakhs was demanded by the petitioner No.1 from the father of the complainant claiming that otherwise they would kill his daughter. Suspecting some foul play when the father of the petitioner came to the matrimonial home he was beaten by the petitioners and a Police call was made whereafter kalandra was prepared. It is alleged that all the jewellery articles of the complainant were taken into possession by the petitioners and not returned to her. During the pendency of investigation parties have entered into a settlement vide the MOU dated 23 rd December, 2020 copy whereof is annexed as Annexure P-4 to the present petition.
4. Respondent No.2 is present through video conferencing and is identified by the investigating officer. She states that she has settled the matter with the petitioners in terms whereof divorce by mutual consent has been granted between the petitioner No.1 and respondent No.2. In lieu of all her claims of maintenance, istridhan, alimony, etc., respondent No.2 was to receive a total sum of ₹7 lakhs which she has already received and she has now no claim whatsoever against the petitioners. She states that she does Signature Not Verified W.P.(CRL) 2396/2021 Page 2 of 3 Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:03.12.2021 20:22:39 not wish to pursue the above-noted FIR and the proceedings pursuant thereto and shall abide by the terms of settlement arrived at between the parties.
5. Petitioners who are present through video conferencing and are identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms of settlement arrived at between the parties.
6. 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.
7. Consequently, FIR No. 319/2018 under Sections 498-A/406/34 IPC registered at PS Anand Parbat, Delhi and proceedings pursuant thereto are hereby quashed.
8. Petition is disposed of.
9. Order be uploaded on the website of this Court.
MUKTA GUPTA, J.
DECEMBER 03, 2021 'ga' Signature Not Verified W.P.(CRL) 2396/2021 Page 3 of 3 Digitally Signed By:JUSTICE MUKTA GUPTA Signing Date:03.12.2021 20:22:39