Anish & Ors. v. State & Ors.

Delhi High Court · 15 Oct 2019 · 2019:DHC:5264
Brijesh Sethi
W.P.(Crl.) 1125/2019
2019:DHC:5264
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC and Dowry Prohibition Act on the ground of an amicable settlement and resolution of the matrimonial dispute between the parties.

Full Text
Translation output
W.P.(Crl.) 1125/2019 HIGH COURT OF DELHI
Date of Decision: 15.10.2019
W.P.(CRL) 1125/2019
ANISH & ORS. ..... Petitioners
Through: Mr. Farah Naz, Advocate
VERSUS
STATE & ORS. ..... Respondent
Through: Ms. Nandita Rao, Additional Standing Counsel for State with
SI Akhilesh Sharma Respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE BRIJESH SETHI
JUDGMENT
BRIJESH SETHI, J (ORAL)

1. Quashing of FIR No. 118/2015, under Sections 498A/ 406/34 IPC read with Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi is sought on the ground that the matrimonial dispute between the parties stands amicably settled before the Family Court on 18th December, 2017.

2. Notice.

3. Learned Standing Counsel for the respondent/State submits that petitioners as well as respondent No.2/ complainant of this FIR, are present in the Court and they have been duly identified on the basis of 2019:DHC:5264 W.P.(Crl.) 1125/2019 identity proof furnished by them.

4. Respondent No.2, present in the Court, submits that the dispute between the parties has been amicably resolved before the Family Courts at Karkardooma Court, Delhi on 18th December, 2017 and the settlement reached between the parties has been fully acted upon and that divorce as per Muslim Law has been obtained by the parties and that she has remarried. Respondent No.2 submits that no grievance against petitioners survives and so, the proceedings arising out of the FIR in question be brought to an end.

5. Since the subject matter of FIR in question stands amicably resolved between the parties, this petition is allowed and FIR NO. 118/2015, under Sections 498A/ 406/34 IPC read with Section 4 of Dowry Prohibition Act, 1961, registered at police station Welcome, Delhi and the proceedings emanating therefrom are quashed qua petitioners.

6. This petition stands disposed of accordingly.

JUDGE OCROBER 15, 2019 r