Delhi High Court - Orders
Antaryami Bhalla & Ors vs State Govt Of Nct Delhi & Anr on 5 April, 2021
Author: Yogesh Khanna
Bench: Yogesh Khanna
$~15
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 2457/2020
ANTARYAMI BHALLA & ORS.
..... Petitioners
Through: Mr.Surender Chauhan, Ms.Akshita
Khetrapal, Ms.Vasudha Singh,
Advocates alongwith petitioners.
versus
STATE GOVT OF NCT DELHI & ANR.
..... Respondents
Through: Mr.M.S.Oberoi, APP for State with
ASI Yag Dutt, PS KNK Marg.
Mr.Prince Gupta, Ms.Bhanu
Sanwariya, Ms.Jagriti, Advocates for
R2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE YOGESH KHANNA
ORDER
% 05.04.2021
1. This petition is filed for quashing of the FIR No.187/2019 under Section 406/498A/506/34 Indian Penal Code and Section 4 of the Dowry Prohibition Act registered at police station K N Katju Marg against them and the proceedings emanating therefrom, got registered by the respondent No.2.
2. The marriage between respondent No.2 and the son of petitioner Nos.1 & 2 was solemnized on 17.02.2018 as per Hindu rites and ceremonies. One girl child, namely, Anushka was born from this wedlock. However, on 14.11.2018 the husband of respondent No.2 committed suicide/died leaving behind his parents (petitioners No.1 and 2), respondent No.2 and his minor daughter. Respondent No.2 left her matrimonial home Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.04.2021 15:50 along with her daughter on 01.03.2019.
3. A complaint under Section 12 of Prevention of Women from Domestic Violence Act, 2012 was filed on 19.12.2019 by respondent no.2 against the petitioners herein and further on 12.03.2019 a complaint was filed before the CAW cell which culminated into present FIR.
4. However the matter was referred to Mediation Centre Rohini Courts and on 25.09.2019 the matter was settled amicably, wherein the petitioners agreed to pay an amount of Rs.22.50 lacs towards all her claims of the maintenance, dowry articles, alimony, istridhan etc. and also welfare for his granddaughter Anushka. The said amount has since been paid i.e. Rs.8.50 lacs to respondent no.2 and Rs.14.00 lacs to the granddaughter Anuskha in the form of FDR and nothing is left to be paid.
5. Though the petition mentions the fact on 01.03.2019 the respondent no.2 had left her matrimonial home along with her minor daughter while taking her belongings with her and then filed a complaint under Section 12 of DV Act against the petitioners herein, but this fact is wholly denied by respondent no.2, present today in the Court. Be that as it may, the matter has since been amicably settled between the parties; the compensation qua all her claims has since been paid. The respondent no.2 is present today, has been duly identified by the Investigating Officer says she has no objection in case the FIR is quashed against the petitioners herein.
6. Considering the submissions so made as also the matter has been settled amicably there is no use to continue with the proceedings of the present FIR.
7. Accordingly the petition is allowed. Consequently, the FIR No.187/2019 under Section 406/498A/506/34 Indian Penal Code and Section Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.04.2021 15:50 4 of the Dowry Prohibition Act registered at police station K N Katju Marg and the proceedings emanating therefrom stands quashed.
8. Pending application if any also stands disposed of.
YOGESH KHANNA, J.
APRIL 5, 2021 DU Signature Not Verified Digitally Signed By:PRADEEP SHARMA Signing Date:06.04.2021 15:50