Krishan Kumar @ Kishan Lal & Ors v. The State NCT of Delhi & Anr

1. This is a Petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) preferred by the Petitioners for quashing of FIR No. 1361/2006 registered under Sections 498-A/406/34 IPC at Police Station Sultanpuri and consequential proceedings arising out of the same.

2. FIR No. 1361/2006 was registered on the statement made by Respondent No.2 Smt. Meena @ Kamla (the Complainant) on the allegations that Petitioner No. 1 Krishan Kumar was married to Respondent No.2 on, 09.12.2002 according to Hindu rites and ceremonies. After the man-iage Respondent No.2 was treated with cruelty with regard to demand of dowry. A male child was born out ofthe wedlock on 29.10.2003.

3. It is stated in the Petition that after the maiTiage the parties lived together as husband and wife but due to differences they could not continue to live together and started living separately. Thereafter, the Respondent No.2 lodged a complaint on the basis of which the aforesaid FIR was registered against Petitioner No. 1 and other family members. / 2013:DHC:7315 f>

4. It is stated that due to intervention of family members, common friends and well wishers the Petitioners and Respondent No.2 have entered into a Settlement dated 06.07.2010 which is annexed to the Petition as Annexure P-2. As per the Settlement, the Respondent No.2 received a sum of ?50,000/- in full and final settlement on 27.07.2010.

5. I have gone through the Settlement dated 06.07.2010. The parties have already obtained a decree of divorce as is evident from the order dated 13.04.2011.

6. The learned proxy counsel for the Petitioners submits that the Petitioners and Respondent No.2 have amicably settled their disputes. Respondent No.2 is not left with any claim or grievance of any nature against the Petitioners and, therefore, no usefiil purpose would be served by continuance of the criminal proceedings against the Petitioners. The counsel, therefore, prays for quashing of the FIR and all subsequent proceedings arising out ofthe said FIR.

7. Respondent No.2 is present in the Court. She confirms the factum of the amicable settlement with the Petitioners and having received the amount of ?50,000/-. She states that she has no objection if the FIR in question is quashed against the Petitioners.

8. In view of the aforesaid amicable settlement arrived at between the parties, in my view, no useful purpose would be served by continuing the criminal proceedings against the Petitioners which will be only an exercise in fiitility and wastage ofprecious time ofthe Court.

9. Accordingly, the Petition is allowed and FIR No. 1361/2006 registered under Sections 498-A/406/34 IPC at Police Station Sultanpuri and all the proceedings arising therefrom as against the Petitioners are quashed. -y

10. CrI. MA.3116/2013 also stands disposed of.

MARCH 11, 2013 vk G.P. MITTAL, J.