Full Text
HIGH COURT OF DELHI
Date of Decision: 13.05.2024
ASHISH KUMAR & ORS.. ..... Petitioners
Through: Ms. Meghna Singh, Advocate
Through: Ms. Kiran Bairwa, APP
Mr. Sourabh Panday, Ms. Divya Sharma, Advocates for Respondent
No. 2-in-person.
JUDGMENT
Exemption allowed, subject to just exceptions.
Application stands disposed of.
1. Petition under Section 482 of the Code of Criminal Procedure, 1973 (‘Cr.P.C.’) has been preferred on behalf of the petitioners for quashing of FIR No. 158/2017, under Sections 498A/406/34 IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, registered at P.S.: Jyoti Nagar and proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with 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 02.05.2015. No child was born out of the wedlock. Due to temperamental differences, petitioner No. 1 and respondent No. 2 started living separately since 27.08.2016. On complaint of respondent No. 2, present FIR was registered on 29.04.2017.
4. The disputes have been amicably resolved between the parties vide settlement deed dated 25.09.2023. 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 18.01.2024.
5. Balance amount of Rs. 5,00,000/- has been paid to respondent No. 2 today through DD No. 555286 dated 08.04.2024 drawn on State Bank of India, Sabhapur, New Delhi Branch in favour of respondent No. 2.
6. Learned APP for the State submits that in view of amicable settlement between the parties, the State has no objection in case the FIR in question is quashed.
7. Petitioners as well as respondent No. 2 with her mother are present in person and have been identified by SI Sachin, P.S.: Jyoti Nagar. 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 he has no objection in case the FIR in question is quashed.
8. Parties intend to put quietus to the proceedings arising out of matrimonial disputes. The settlement shall promote harmony between the parties and permit them to move further in life. The chances of conviction are bleak in view of amicable settlement between the parties.
9. 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. Consequently, FIR No. 158/2017, under Sections 498A/406/34 IPC and Section 3 & 4 of Dowry Prohibition Act, 1961, registered at P.S.: Jyoti Nagar 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 learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J. MAY 07, 2024