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W.P.(CRL)/11/2018 of VIKAS & ORS Vs THE STATE GOVT OF NCT OF DELHI & ORS

Court
Delhi High Court
Decision date
2018-08-14
Bench
C ACT, COMMERCIAL DIVISION
Case number
38 of 2018

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IN THE HIGH COURT OF DELHI AT NEW DELHI+ W.P.(CRL) 11/2018 & Crl.M.A.No.38/2018 VIKAS & ORS VIKAS & ORS

..... Petitioners

Through Mr. S.K. Dayal, Adv.

versus

THE STATE GOVT OF NCT OF DELHI & ORS

..... Respondents

Through Mr. Piyush Singhal for Mr. Ashish Aggarwal, ASC for the State along with SI Ompal Singh. Mother of R-2.

CORAM:HON'BLE MS. JUSTICE INDERMEET KAUR

31.01.2018

The petitioners seek quashing of FIR No.698/2014 registered under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act. This FIR was registered at Police Station Gokalpuri.

Parties i.e. petitioner No. 1 and respondent No.2 had arrived at settlement on 06.02.2017. In terms of that settlement, petitioner No. 1 had agreed to pay Rs.7,75,000/- to respondent No.2 in full and final settlement of all her claims of which Rs. 6 lacs already stands paid and Rs.1,75,000/- would be the balance amount which had to be paid to respondent No.2. Respondent No.2 had unfortunately died on 29.12.2017. Her death certificate has been placed on record. This has been noted in the last order. Her legal heirs i.e. her Class I heir i.e.

her mother had been brought on record. The mother of the deceased is present in Court. Her presence has been identified by the Investigating Officer. She has no objection in case the present FIR is quashed subject to final payment made to her. Balance sum of Rs.75,000/- has been received by her. This is fit case where, to secure the ends of justice, the present FIR be quashed as it would be an exercise in futility in continuing with the present proceedings. Accordingly, FIR No.698/2014 registered under Sections 498-A/406 read with Section 34 of the IPC as also Section 4 of the Dowry Prohibition Act at Police Station Gokalpuri.

Petition disposed of.

JANUARY 31, 2018

INDERMEET KAUR, J