Dinesh Kumar & Ors. v. State & Anr.

1. This is a petition under Article 226 ofthe Constitution ofIndia read with Section 482 Cr.P.C. for quashing of FIR No.103/2018, under Sections 498A/406/34 IPG registered at Police Station-Mayur Vihar,Delhi,and all proceedings emanating therefrom.

1. Issue notice. Teamed counsel for the State, who appears on advance notice, accepts notice. Counsel for respondent No.2 appears 2020:DHC:3896 and accepts notice.

3. The brief facts of the case are that the petitioner No.l and respondent No.2 got married on 28.11.2012 according to Hindu rites and ceremonies and they lived together as wife and husband with each other. After the marriage,some disputes and differenees arose between them and they started living separately since 2016. On 29.3.2018, the respondent No.2 got the above said FIR registered againstthe petitionersforcausing CRielties and demand ofdowry.

4. Counselfor the petitioners submits that during the pendency of the trial, with the intervention of family members, friends, relative and well wishers,the parties have settled the matter amicablyin terms ofthe MOU dated 24.12.2018. Copy ofthe same is placed on record. Accordingly,the maniage ofthe petitioner no.l and respondent no.2 has already been dissolved by deeree ofdivorce with mutual consent of the parties vide order dated 27.9.2019 passed by the Principal Judge, Family Courts, East District Karkardooma Courts, Delhi. Copy ofthe decree ofdivorce is placed on record.

5. Respondent No.2 is present in Court today and she has been identified by the 10. The respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily,withoutanyforce, pressure or coercion. Respondent No.2submits that nothing remains to be adjudicated further between them and she has no objection ifthe FIR in question is quashed.

6. Learned counsel for the State submits that in view of the settlement between the parties,the State has no objection ifthe FIR in v> question be quashed.

7. Keeping in view the above facts and circumstances,since the matter has been amicably settled between the parties, no useful purpose will be served by keeping the case pending. It will benothing but abuse of the process of law. Consequentially, this petition IS allowed,subjectto costs of?5,000/-to be deposited bythe petitioners with the Delhi State Legal Services Authority within two weeks from today. Upon placing on record the proofofdeposit of costs within a week thereafter and handing over its copy to the Investigating Officer,FIR No.103/2018,under Sections 498A/406/34 IPC registered at Police Station-Mayur Vihar, Delhi, and the proceedingsemanatingtherefrom shallstand quashed.

8. fhepresentpetitionstands disposed ofaccordingly. Dasti.

MARCH 06,2020/ib RAJNISH BHATNAGAR,J