Full Text
CRLM.C. 1637/2012
ASHWANI & ORS Petitioners
Through : Petitioners in person with Mr.Anand
Sharma,Adv.
Through : Ms.Rajdipa Behura, APP for State - R-1.
Mr.Hari Shankar, Adv. with complainant/R-2 in person.
09.05.2012 CrI.M.A. No.5717/2012
ORDER
1. Exemption is allowed, subject to all just exceptions.
2. Application is disposed of. CrI.M.C. no.1637/2012
1. This petition is filed under Section 482 of the Code of Criminal Procedure for quashing of FIR No.755/2007 under Sections 498- A/406/34 IPC registered at P.S. Dabri, New Delhi and consequential proceedings arising therefrom.
2. The facts leading to the registration of the case FIR No.755/2007 P.S. Dabri, New Delhi are that petitioner No,l and respondent No.2 were got married on 18.11.2005 according to Hindu rites and ceremonies. In the marriage, though sufficient dowry was given by parents of respondent No.2 to the petitioners but they were not satisfied and used to harass her for bringing more dowry from her parents. They also used to give beatings to her on petty issues and \ 2012:DHC:8338 for bringing dowry from her parents. When the petitioners did not mend their ways, ultimately respondent No.2 made a complaint before CAW Cell, Nanak Pura (South West iDistrict), New Delhi on the basis of which FIR No.755/2007 was registered at PS Dabri against the petitioners. Respondent no.2 also filed a complaint under Section 125 CrPC against the petitioner. During the course of proceedings the parties have arrived at an amicable settlement and agreed to dissolve the marriage by decree of divorce by mutual consent. In terms of the said settlement, the petitioner No.l agreed to pay a sum of Rs.4,50,000/- (Rupees Four Lacs Fifty Thousand only) to the respondent No.2 towards full and final settlement i.e. Rs.1,50,000/- at the time of first motion, Rs.1,50,000/- at the time of second motion and Rs.1,50,000/- at the time of quashing of FIR.
3. Counsel for the petitioners submits that the petitioner and the respondent No.2 have amicably resolved their dispute and the respondent No.2 is not left with any claim or grievance of any nature against the petitioners. Counsel states that since the parties have settled their disputes amicably, no useful purpose would be served by continuance of criminal proceedings against the petitioners. Counsel thus prays for quashing of the FIR and all subsequent proceedings arising out of said FIR qua the petitioners.
4. Respondent No.2 is present in Court today with her counsel. She also confirms the factum of amicable settlement with the petitioner and that she has received pay order for a sum of Rs.1,50,000/- today in the Court in compliance of settlement arrived at between them. Affidavit of respondent No.2 is also placed on record, wherein also she has reiterated the factum of amicable settlement with the petitioners and that she has no grievance whatsoever is left against the petitioners and that she has no objection if the FIR in question is quashed against the petitioners.
5. In view of the aforesaid amicable settlement arrived at between the parties, I am of the considered view that no useful purpose would be served by continuing the criminal proceedings against the petitioner which will only be a futile exercise and wastage of precious time of the Court.
6. Accordingly, the petition is allowed and FIR bearing No.755/2007 under Sections 498-A/406/34 IPG P.S.Dabri, Delhi and all the proceedings arising therefrom are hereby quashed, leaving the parties to bear their own costs.
7. Dasti. MAY 09, 2012 'St'