Pramod Kumar & Ors v. State & Anr

Delhi High Court · 03 Oct 2013 · 2013:DHC:7419
Sunita Gupta
CRL.M.C. 3528/2013
2013:DHC:7419
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC in a matrimonial dispute following an amicable settlement and mutual consent divorce.

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*1 IN THE fflGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 3528/2013
PRAMOD KUMAR & ORS Petitioners
Through: Mr. S.K. Dayal, Advocate.
VERSUS
STATE & ANR Respondents
Through: Ms. Kusum Dhalla, APP for the State with ASI Desh Raj, PS Ghazipur.
CORAM:
HON'BLE MS. JUSTICE SUNITA GUPTA
% 03.10.2013
ORDER

1. This is a petition under Section 482 Cr.P.C. for quashing of I I proceedings in FIR No. 13/2010 under Sections 498A/406/34 IPG registered at Police Station Ghazipur. I

2. The FIR was registered on the basis of the statement made by respondent No.2-Ms. Savita to the effect that she got married to petitioner No.l/Pramod Kumar on 16^^ February, 1998. It is stated that at the time of marriage her parents and relatives gave lot of dowry articles according to their status. However, her in-laws were not happy with the dowry given and taunted her for bringing less dowry. Demand of Rs.1,00,000/- was made by her in-laws. When 2013:DHC:7419 she was pregnant she was notprovided sufficient food and was made to work like a maid servant. She was mercilessly beaten, abused and was turned out from her matrimonial home in wearing clothes. Two children were bom out of the wedlock.

3. Various other cases were pending between the parties. The disputes were amicably settled before the Mediation Centre, Karkardooma Courts, Delhi for a total sum of Rs.35,000/-. The marriage between the parties has been dissolved by a decree of divorce by mutual consent. Complainant has withdrawn the petition under Section 125 Cr.P.C. andpetition underDomestic Violence Act. In terms of settlement, a sumof Rs.25,000/- has already beenreceived by the complainant. Today, she has received a sum ofRs.10,000/- in cash. The male child is with petitioner No.l and the female child is with the complainant/respondent No.2.

4. Petitioners and complainant/ Respondent No.2 are present in person. Complainant-respondent No.2 has been identified by the Investigating Officer/ASI Desh Raj, Police Station Ghazipur.

5. Complainant states that she has no objection to the quashing of the FIR in view of the settlement. Learned APP for the State has no objection to the quashing oif the FIR in view of the amicable settlement arrived at between the parties.

6. In view of the amicable settlement arrived at between the parties, I am ofthe opinionthat no usefulpurpose wouldbe served by continuing the proceedings against the parties. The petition is accordingly allowed. FIR No. 13/2010 under Sections 498A/406/34 IPC registered at Police Station Ghazipur and proceedings emanating there from are accordingly quashed.

7. The petition is disposed of.

SUNITA GUPTA, J