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$-20&40 HIGH COURT OF DELHI
CRL.M.C.2058/2016
RAJENDERPRASADSAGAR Petitioner Represented by: Mr.Jitender Kumar,Adv.with petitioner.
$-20&40 HIGH COURT OF DELHI
CRL.M.C.2058/2016
RAJENDERPRASADSAGAR Petitioner Represented by: Mr.Jitender Kumar,Adv.with petitioner.
VERSUS
THE GOVT OF NCIOF DELHI& ANR Respondent Represented by: Mr.Ashok Kumar Garg,APP with SI Shiv Raj,-PS New
Friends Colony.
Mr.Sanjiv Sharma,Adv.for R- 2 with R-2.
Friends Colony.
Mr.Sanjiv Sharma,Adv.for R- 2 with R-2.
CRL.M.C.3638/2016
CHHIDDA LAL SAGAR & ORS Petitioner Represented by: Mr.Jitender Kumar,Adv.with petitioners.
CHHIDDA LAL SAGAR & ORS Petitioner Represented by: Mr.Jitender Kumar,Adv.with petitioners.
VERSUS
GOVT OF NOT OF DELHI& ANR Respondent Represented by: Ms.Meenakshi Chauhan,APP with SI Shiv Raj,PS New
Friends Colony.
Mr.Sanjiv Sharma,Adv.for R- 2 with R-2.
Friends Colony.
Mr.Sanjiv Sharma,Adv.for R- 2 with R-2.
CORAM:
HON'BLE MS.JUSTICE MUKTA GUPTA
29.09.2016 Crl.M.A. 15349/2016 in Crl.M.C.3638/2016
Exemption allowed,subjectto alljustexceptions.
Crl.M.C.Nos.2058/2016 and 3638/2016 By the two petitions, the Rajender Prasad Sagar, the husband of
2016:DHC:9068 respondent No.2 in Crl.M.C.2058/2016 and other family members i.e. four petitioners in Crl.M.C. No.3638/2016 seek quashing of FIR No.402/2005 under Sections 498A/406/34IPC and Sections 3 and 4ofDowry Prohibition
Act registered at PS New Friends Colony on the complainant ofrespondent
No.2and proceedings pursuantthereto as the parties have settled the matter.
Learned APPs for the State on instructions submit that all the accused in the above noted FIR have been impleaded as petitioners in the two petitions and besides respondent No.2 there is no other complainant/victim in the above noted FIR.
Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner in Crl.M.C.2058/2016 and respondent No.2. In terms of settlement, she is entitled to receive ?3.10 lakhs of which she has already received ?2.10 lakhs and balance amount of^1 lakh has been received by her today in Court by way ofbank draft No.186055 dated 17^*^ September, 2016 favouring Rahul Sagar under guardianship of Ms. Rinki and she has now no claim whatsoever remaining against the petitioners. She further states thatthe child named Rahul aged 14 years bom out ofthe said wedlock will remain in her care and custody and the petitioners will have no rights to meet, visit or custody of the child. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present and identified by leamed counsel affirm the statement ofrespondent No.2 and state that they will abide by the terms of settlement.
In view of the 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 ofthe proceedings,rather the same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No.402/2005 under Sections 498A/406/34 IPG and Sections 3 and 4ofDowry Prohibition Actregistered atPS New Friends
Colony,Delhi and proceedings pursuantthereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
SEPTEMBER 29,2016 'v mittal' Lr)-I ^ -1 ^ f-e-h' o ^
^ i§<rosT 2- . s^y<^£)
5"^ 7__
29.09.2016 Crl.M.A. 15349/2016 in Crl.M.C.3638/2016
Exemption allowed,subjectto alljustexceptions.
Crl.M.C.Nos.2058/2016 and 3638/2016 By the two petitions, the Rajender Prasad Sagar, the husband of
2016:DHC:9068 respondent No.2 in Crl.M.C.2058/2016 and other family members i.e. four petitioners in Crl.M.C. No.3638/2016 seek quashing of FIR No.402/2005 under Sections 498A/406/34IPC and Sections 3 and 4ofDowry Prohibition
Act registered at PS New Friends Colony on the complainant ofrespondent
No.2and proceedings pursuantthereto as the parties have settled the matter.
Learned APPs for the State on instructions submit that all the accused in the above noted FIR have been impleaded as petitioners in the two petitions and besides respondent No.2 there is no other complainant/victim in the above noted FIR.
Respondent No.2 is present in Court and is identified by her counsel and the investigating officer. She states that she has settled the matter with the petitioners. Divorce by mutual consent has been granted between petitioner in Crl.M.C.2058/2016 and respondent No.2. In terms of settlement, she is entitled to receive ?3.10 lakhs of which she has already received ?2.10 lakhs and balance amount of^1 lakh has been received by her today in Court by way ofbank draft No.186055 dated 17^*^ September, 2016 favouring Rahul Sagar under guardianship of Ms. Rinki and she has now no claim whatsoever remaining against the petitioners. She further states thatthe child named Rahul aged 14 years bom out ofthe said wedlock will remain in her care and custody and the petitioners will have no rights to meet, visit or custody of the child. She states that she does not wish to pursue the above noted FIR and the proceedings pursuant thereto. The petitioners who are present and identified by leamed counsel affirm the statement ofrespondent No.2 and state that they will abide by the terms of settlement.
In view of the 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 ofthe proceedings,rather the same would create further acrimony between them, it would be in the interest ofjustice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question.
Consequently, FIR No.402/2005 under Sections 498A/406/34 IPG and Sections 3 and 4ofDowry Prohibition Actregistered atPS New Friends
Colony,Delhi and proceedings pursuantthereto are hereby quashed.
Parties have signed this order sheet in acknowledgment of their statements made before this Court.
The petitions are disposed of. Order dasti.
MUKTA GUPTA,J.
SEPTEMBER 29,2016 'v mittal' Lr)-I ^ -1 ^ f-e-h' o ^
^ i§<rosT 2- . s^y<^£)
5"^ 7__
JUDGMENT