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HIGH COURT OF DELHI
Date of Decision: 16.10.2024
SANDEEP SINGH & ORS. .....Petitioners
Through: Mr. Abhishek Sharma, Adv. alongwith petitioners in person.
Through: Mr. Satinder Singh Bawa, APP for the
State
Mr. Priyanshu Jaiswal, Adv. for R-2 alongwith R-2 in person.
JUDGMENT
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0088/2020, under Sections 498A/406/34 IPC, registered at P.S.: Nand Nagri and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961.
2. Issue notice. Learned APP for the State and learned counsel for respondent no. 2 alongwith respondent no. 2 in person appear on advance notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner No.1 and respondent No. 2 was solemnized according to Hindu Rites and ceremonies on 06.07.2018. No child was born out of the wedlock. Due to matrimonial differences, petitioner No.1 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 25.02.2020.
4. The disputes are stated to have been amicably settled between the parties in terms of Settlement Deed dated 22.03.2023 arrived at Delhi Mediation Centre, Karkardooma Courts, Delhi. The marriage between petitioner No. 1 and respondent No. 2 has been dissolved by decree of divorce by way of mutual consent under Section 13B(2) of the Hindu Marriage Act vide judgment dated 07.03.2024. Learned counsel for petitioners informs that co-accused Urmila Devi, mother of petitioner No. 1 has since expired on 27.12.2023, which is confirmed by IO.
5. An amount of Rs. 50,000/- has been handed over to respondent No. 2 today through DD No. 955925 dated 01.10.2024 drawn on State Bank of India, in favour of respondent No. 2.
6. Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.
7. Petitioners and respondent No. 2 in person have been identified by SI Sachin Kumar, P.S.: Nand Nagri. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
8. Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. The chances of conviction are also bleak in view of amicable settlement between the parties. Consequently, FIR No. 0088/2020, under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at P.S.: Nand Nagri and proceedings emanating therefrom stand quashed. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of. A copy of this order be forwarded to the learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J. OCTOBER 16, 2024 p