Delhi High Court - Orders
Ram Babu & Ors vs State & Anr on 21 March, 2023
Author: Swarana Kanta Sharma
Bench: Swarana Kanta Sharma
$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 606/2023
RAM BABU & ORS. ..... Petitioners
Through: Mr. Netrapal Singh, Advocate along
with petitioner no. 2 and 3.
versus
STATE & ANR. ..... Respondents
Through: Mr. Satish Kumar, APP for the State
with SI Ankur Kardam, P.S. Punjabi
Bagh
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
ORDER
% 21.03.2023
1. The instant petition under Section 482 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟) has been filed by the petitioners seeking quashing of FIR bearing no. 475/2019 registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/34 of the Indian Penal Code, 1860 („IPC‟) and all other proceedings emanating therefrom.
2. Issue notice. Mr. Satish Kumar, learned APP accepts notice on behalf of the State.
3. It is stated that petitioner no. 1 has unfortunately passed away and petitioner no. 2 and 3 are present before this Court and have been identified by their counsel Mr. Netrapal Singh and Investigating Officer (IO) W/SI Rima Raj from Police Station Punjabi Bagh, Delhi.
Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.03.2023 18:31:234. Brief facts of the present case are that marriage between son of petitioner no. 1 and respondent no. 2 was solemnized on 05.02.2018. Out of the said wedlock, no child was born. It is stated that due to temperamental differences, parties started residing separately since January, 2019. On the complaint of respondent no. 2, the present FIR bearing no. 475/2019 for the offences punishable under Section 498A/406/34 IPC was registered at Police Station Punjabi Bagh, Delhi against petitioners. With the intervention of elders and friends, parties had settled their disputes amicably vide Settlement Agreement dated 06.04.2021.
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 the parties vide Settlement Agreement dated 06.04.2021.
6. It is submitted that respondent no.2 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 petitioners and other family members.
7. Today, the complainant who is present in Court states that she has received entire amount as per settlement and has no objection if the FIR is quashed.
8. 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 Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.03.2023 18:31:23 justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
9. Accordingly, FIR bearing no. 475/2019 registered at Police Station Punjabi Bagh, Delhi for offences punishable under Sections 498A/406/34 of IPC and all consequential proceedings emanating therefrom are quashed.
10. In view of above, the present petition stands disposed of.
11. The order be uploaded on the website forthwith.
SWARANA KANTA SHARMA, J MARCH 21, 2023/ns Click here to check corrigendum, if any Signature Not Verified Digitally Signed By:ZEENAT PRAVEEN Signing Date:28.03.2023 18:31:23