KANISHK KAPOOR & ANR Vs. STATE & ANR

JUDGEMENT

(1.) The abovementioned petition has been filed by the petitioners, namely, Kanishk Kapoor and Smt.Kiran Kapoor against the respondents, i.e. the State and Ms.Swati Gupta (respondent No.2 herein). The petitioners are the husband and mother-in-law of respondent No.2. In the present petition, they have sought the prayer for quashing of FIR No.121/2013, under Sections 498-A/406/34 IPC, registered at P.S. Hauz Qazi, New Delhi.

(2.) The main contention of the learned counsel for the petitioners is that the trial Court has no jurisdiction to entertain and try the present FIR registered on the basis of the complaint made by respondent No.2. Various judgments have been referred by the counsel. The matter was also discussed for settlement. Respondent No.2 has informed the Court that in case, the petitioners are ready to pay a sum of Rs.5 lac towards full and final settlement between the parties which will include dowry articles, dissolution of marriage by mutual consent as well as the maintenance. She has indicated that the said demand is not unreasonable, as her father had spent the said money for marriage and dowry articles which was taken by him on loan. She submits that her mother is suffering from cancer. As there is no chance for respondent No.2 to rehabilitate with the petitioner No.1, therefore, she wanted to dissolve all the disputes.

(3.) Learned counsel for the petitioners, upon instructions, has informed that the settlement as per the demand raised by respondent No.2 is not maintainable. At the maximum, the petitioners can pay Rs.2 lac as full and final settlement. He is stressing for quashing of the FIR.