MANU/DE/2860/2016

True Court CopyTM

IN THE HIGH COURT OF DELHI

Crl. M.C. 2129/2016

Decided On: 20.10.2016

Appellants: Girish Pandey and Ors. Vs. Respondent: State and Ors.

Hon'ble Judges/Coram:
P.S. Teji

JUDGMENT

P.S. Teji, J.

1. The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Girish Pandey, Sh. Bhagirath Pandey, Smt. Dharma Pandey and Ms. Hansa Pandey for quashing of FIR No. 653/2013 dated 17.07.2013, under Sections 498-A/406/34 IPC registered at Police Station Shakarpur on the basis of Mediation Report of Delhi Mediation Centre, Karkardooma Courts, Delhi in view of the settlement arrived at between the petitioner no. 1 and respondent no. 2, namely, Smt. Veena Pandey on 09.10.2013.

2. Learned Additional Public Prosecutor for respondent-State submitted that the respondent No. 2, present in the Court has been identified to be the complainant/first-informant of the FIR in question by SI Saurabh Chand.

3. The factual matrix of the present case is that the marriage was solemnized between petitioner no. 1/husband of the complainant and the complainant/respondent no. 2 on 24.11.2010 according to Hindu rites and ceremonies. The accused persons/petitioners herein, were not satisfied with the dowry as a result of which they started torturing the complainant. On 09.03.2012, the in-laws of the complainant threw her out of the matrimonial house and the husband of the complainant accompanied her and they started living in a rented accommodation. It is also alleged that the husband of the complainant allegedly demanded dowry from the complainant and when the complainant opposed him, he left her at the rented accommodation on 17.01.2013.

Thereafter, the complainant got lodged a complaint following which, the FIR in question was registered against the petitioners. An amicable settlement was arrived at between the parties during the pendency of the matter.

4. Respondent No. 2, present in the Court, submitted that the dispute between the parties has been amicably resolved. It is pertinent to mention that the marriage of the petitioner no. 1 and respondent no. 2 has been dissolved vide Decree of divorce dated 19.09.2015 passed by Ld. Principal Judge, Family Courts, Vishwas Nagar, Delhi. As per the mediation report, it is agreed that the petitioner no. 1 shall pay a sum of Rs. 8.5 Lacs towards full and final settlement of all the claims of the respondent no. 2 arising out of the marriage which includes maintenance (past, present and future), permanent alimony, dowry articles, istridhan etc. as well as maintenance (past, present and future) in the manner enunciated in the terms of the mediation report. It is also agreed that out of the said amount, a sum of Rs. 2 Lacs shall be paid by petitioner no. 1 at the time of quashing of the FIR in question. It is agreed that respondent no. 2 shall cooperate in getting the FIR in question quashed against the petitioners. It is agreed that respondent no. 2 shall withdraw all the cases filed by her against the petitioners and that the parties shall not file any case/complaint against each other in future.

Respondent No. 2 affirmed the contents of the aforesaid settlement and of her affidavit dated 15.02.2016. In the affidavit, she has stated that she has no objection if the FIR in question is quashed. All the disputes and differences have been resolved through mutual consent. Now no dispute with petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end. Statement of the respondent No. 2 has been recorded in this regard in which she stated that she has entered into a settlement with the petitioners and has settled all the disputes with them. She further stated that she has no objection if the FIR in question is quashed.

5. In Gian Singh v. State of Punjab