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$-26 & 27 HIGH COURT OF DELHI
CRL.M.C. 687/2018
SARVAGHYA JAIN Petitioner
Through Mr. Bharat Gupta, Adv
CRL.M.C. 687/2018
SARVAGHYA JAIN Petitioner
Through Mr. Bharat Gupta, Adv
VERSUS
THE STATE & ANR
Through Respondents Mr M S Oberoi, APP for State with
SI Aadesh PS Prashant Vihar Mr. Vivek Aggarwal, Adv for R-2 with R-2 in person
Through Respondents Mr M S Oberoi, APP for State with
SI Aadesh PS Prashant Vihar Mr. Vivek Aggarwal, Adv for R-2 with R-2 in person
CRL.M.C. 688/2018
SARVAGHIA JAIN & ORS Petitioners
Through Mr. Bharat Gupta, Adv
SARVAGHIA JAIN & ORS Petitioners
Through Mr. Bharat Gupta, Adv
VERSUS
THE STATE & ANR
Through Respondents Mr M S Oberoi, APP for State with
SI Aadesh PS Prashant Vihar Mr. Vivek Aggarwal, Adv for R-2 with R-2 in person
Through Respondents Mr M S Oberoi, APP for State with
SI Aadesh PS Prashant Vihar Mr. Vivek Aggarwal, Adv for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE A.K. PATHAK
09.02.2018 By way of these petitions, petitioner has prayed for quashing of the following FIRs both registered on the complaint of respondent no.2
Ms. Karuna Jam:- 2018:DHC:9327
09.02.2018 By way of these petitions, petitioner has prayed for quashing of the following FIRs both registered on the complaint of respondent no.2
Ms. Karuna Jam:- 2018:DHC:9327
FIR 523/2014 under section 498A/406/34 IPC and section
3/4 of Dowry Prohibition Act registered at police station Prashant
Vihar; &
3/4 of Dowry Prohibition Act registered at police station Prashant
Vihar; &
FIR 681/2015 under section 506/509 IPC registered at police station Prashant Vihar, Petitioner and respondent no.2 were married as per Hindu rites and ceremonies on 121h July, 2013 but due to marital discord started living separately from 1st October, 2013. On the complaint of respondent no.2 aforesaid FIRs were registered.
Respondent No.2 is present in court along with her counsel and has been identified by SI Aadesh of Police Station Prashant Vihar.
Respondent No. 2 says that she has settled the matter with petitioner no.1 of her own free will, voluntarily and without any undue force, pressure or coercion before the Mediation Centre, Rohini Courts on
31.01.20177. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 22.08.20 17 passed by
Family Court, North District, Rohini Courts, Delhi.
Petitioner has paid 4,00,000/- by way of demand draft, photocopy whereof is on record. Respondent No. 2 says that with this payment, entire settled amount stands paid. She says that she has no objection in case the aforesaid FIRs are quashed against the petitioners.
Keeping in view the settlement arrived at between the petitioner
No.1 and respondent no. 2 voluntarily, coupled with the fact that marriage between the petitioner and respondent no. 2 has already been dissolved, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. In the interest of justice, both the FIRs i.e. FIR No.523/2014 under section 498A/406134 IPC and FIR
No.681/2015 under section 506/509 IPC both registered at police station Prashant Vihar and the consequent proceedings emanating therefrom are quashed.
Petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.
A. . ~ ATHAK, J FEBRUARY 09,2018 sm
Respondent No.2 is present in court along with her counsel and has been identified by SI Aadesh of Police Station Prashant Vihar.
Respondent No. 2 says that she has settled the matter with petitioner no.1 of her own free will, voluntarily and without any undue force, pressure or coercion before the Mediation Centre, Rohini Courts on
31.01.20177. Her marriage with petitioner has already been dissolved by a decree of divorce by mutual consent dated 22.08.20 17 passed by
Family Court, North District, Rohini Courts, Delhi.
Petitioner has paid 4,00,000/- by way of demand draft, photocopy whereof is on record. Respondent No. 2 says that with this payment, entire settled amount stands paid. She says that she has no objection in case the aforesaid FIRs are quashed against the petitioners.
Keeping in view the settlement arrived at between the petitioner
No.1 and respondent no. 2 voluntarily, coupled with the fact that marriage between the petitioner and respondent no. 2 has already been dissolved, in my view, no fruitful purpose would be served to keep the criminal proceedings pending. In the interest of justice, both the FIRs i.e. FIR No.523/2014 under section 498A/406134 IPC and FIR
No.681/2015 under section 506/509 IPC both registered at police station Prashant Vihar and the consequent proceedings emanating therefrom are quashed.
Petitions are disposed of in the above terms. Miscellaneous applications are disposed of as infructuous. Dasti.
A. . ~ ATHAK, J FEBRUARY 09,2018 sm
JUDGMENT