SII. Vijay and Ors. v. State (Govt of Not) of Dftjii & Anr

1. Exemption allowed subjeettojust exeeptions.

2. Applieation is disposed of. W.P.rCRL.)288/2022

1. By this petition, the petitioners seek quashing of FIR NO. 224/2019 under Seetions 498A/406/34 IPG registered at P.S. Sonia W.P.(CRL)288/2022 Page I of[4] 2022:DHC:5989 Vihar on the complaint of respondent No.2 and the proceedings pursuant thereto on the ground that the parties have entered into a settlement.

2. Notice. Mr.Piyush Singhal,leamed counsel appearing on behalf ofleamed Additional Standing Counsel for the State accepts notice. On instructions,he states that in the above-noted MR,four petitioners are the accused and respondentNo.2isthe onlycomplainant/victim.

3. In the above-noted FIR,the respondent No.2stated thatshe got married to the petitioner No. 1 on 8'*^ December 2013 and her parents spent about?8 lakhs in the marriage, which was beyond their status. Afterthe marriage,whenshe wentto herin-laws house,shefound that her in-laws were not happy with the items given in the marriage and taunted her that the marriage was not according to their status. After two days of the marriage, the petitioner No. 2 took away all her jewellery and stridhan on the pretext of keeping the same in a safe custody,and, whenever the complainant demanded herjewellery and stridhan, same was not retumed to her. In the first year, on every festival, demand was made by the petitioners and the same had to be fulfilled by her parents. After one year ofmarriage,petitioners started demanding ?1 lakh cash, motor cycle, gold chain etc. and on the demands not being satisfied,they used to beat her. fhe petitioner NO. 1 was addicted to liquor,thus used to comelate and thereafter,abused and beat the complainant for no rhyme or reason. The petitioner NO. 1 was also in the habit of gambling and thus, needed money for the same, for which, he used to abuse and assault the complainant. Constrained with this harassment,the complainant lodged the above- W.p.(CRL)288/2022 ^ r noted FIR.

4. During the pendency of investigation, parties entered into a settlement before the Delhi Mediation Centre, Karkardooma Courts on 11'*" September 2020,copy whereofis annexed as Annexure P2to the present petition.

5. RespondentNo.2is presentthrough video conferencing and is identified by the Investigating Officer. She states that she has settled the matter with the petitioners before the Delhi Mediation Centre, Karkardooma Courts, pursuant whereto, divorce by mutual consent has been granted between the petitioner No.l and the respondent No.2. In lieu of all her claims towards streedhan, maintenance, alimony etc., respondent No.2 was to receive a sum of?1,50,000/-, out of which,she has already received a sum of?1,00,000/- and the balance amount of?50,000/- has been received by her today through a demand draft. She states that she has now no claim whatsoever remaining against the petitioners and does not wish to pursue the above-noted FIR and the proceedings pursuant thereto. She undertakes to abide by the terms ofsettlement arrived at between the parties.

6 Petitioners who are present through video conferencing and identified by the learned counsel affirm the statement of respondent No.2 and undertake to abide by the terms ofsettlement.

7. In view ofthe fact that the parties have amicably resolved their differences oftheir 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 W.p.(CRL)288/2022 ^ A 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.

8. Consequently, FIR No. 224/2019 under Sections 498A/406/34 IPG registered at P.S. Sonia Vihar and proceedings pursuant thereto are hereby quashed.

9. Petition is disposed of.

10. Order be uploaded on the website ofthis Court. lUKTA GUPTA,J. FEBRUARY 09,2022/akb '1 W.p.