LAWS(DLH)-2016-5-53

AJAY KUMAR Vs. STATE NCT OF DELHI

Decided On May 16, 2016
AJAY KUMAR Appellant
V/S
STATE NCT OF DELHI Respondents

JUDGEMENT

(1.) The present petition under Section 482 Cr.P.C. has been filed by the petitioners, namely, Sh. Ajay Kumar, Sh. Rishi Pal, Smt. Saroj, Ms. Sashi Bala and Sh. Rahul for quashing of FIR No.40/2013 dated 07.02.2013, under Sections 498A/406/34 IPC registered at Police Station Mukherji Nagar on the basis of settlement executed at the Delhi Mediation Centre, Rohini District Courts, Delhi between the petitioners and respondent no.2, Smt. Sharda on 26.08.2014.

(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 in the FIR in question by her counsel.

(3.) The factual matrix of the present case is that the marriage between petitioner no.1 and the respondent no.2 was solemnized on 25.02.2013. The family of the husband of the complainant was not satisfied with the dowry brought by the complainant and therefore they would physically and mentally torture the complainant in demand of a four wheeler vehicle. One night, the husband of the complainant, on being instigated by his family members, beat the complainant. Several such beatings resulted in the termination of the complainant's pregnancy. Thereafter, respondent no.2/complainant lodged a complaint which resulted into the registration of the FIR in question and another FIR bearing no. 303/2012 under Section 325/34 IPC, PS Mukherjee Nagar was also registered later by the complainant. During the pendency of the litigations, the matter got referred to the Mediation Centre where the parties entered into a settlement.