Shri Narender Kumar And Others vs State Government Of Nct Of Delhi
2010 Latest Caselaw 2028 Del

*            IN THE HIGH COURT OF DELHI AT NEW DELHI

+                        Crl.M.C. No. 4291/2009

%                   Date of Decision: 19th April, 2010


#     SHRI NARENDER KUMAR & OTHERS                      .....PETITIONERS

!                   Through:     Petitioners No. 1 & 2 with their counsel Mr.
                                 Om Prakash.
                                 Petitioner No. 3 in person.



                                      VERSUS

$     STATE GOVT. OF N.C.T. OF DELHI                    .....RESPONDENT

^ Through: Mr. R.N. Vats, Additional Public Prosecutor, for the State along with IO of the case namely ASI Zora Singh, Advocate.

CORAM:

Hon'ble MR. JUSTICE S.N. AGGARWAL

1. Whether reporters of Local paper may be allowed to see the judgment?

2. To be referred to the reporter or not?

3. Whether the judgment should be reported in the Digest?

S.N.AGGARWAL, J (ORAL)

This is a joint petition under Section 482 of Code of Criminal

Procedure, 1973 filed by the petitioners for quashing of proceedings in

the criminal case arising out of an FIR under Section 498-A/406/34 IPC

vide FIR bearing No. 320/2002 dated 01.10.2002 got registered against

petitioners No. 1 & 2 by petitioner No. 3 at Police Station Anand Prabat.

The criminal proceedings arising out of the said FIR are stated to be

pending against petitioners No. 1 & 2 in the Court of Ms. Twinkle

Wadhwa, Metropolitan Magistrate, Delhi.

2 Mr. R.N. Vats learned Additional Public Prosecutor is present on

behalf of the State. Petitioner No. 3 being the complainant on whose

complaint FIR in question was registered against petitioners No. 1 & 2 is

also present and she has been identified by the IO of the case namely ASI

Zora Singh.

3 Petitioner No. 3 was married with petitioner No. 1 at Delhi

according to Hindu rites and ceremonies on 15.04.2001. On account of

temperamental incompatibilities between the couple, they could not pull

on their marriage for long and petitioner No. 3 is stated to has left her

matrimonial home on 03.02.2002 and had delivered a baby child Neha

the next day at the house of her parents on 04.02.2002.

4 During pendency of the criminal case arising out of the FIR in

question against petitioners No. 1 & 2, the parties are stated to have

amicably settled their matrimonial dispute and pursuant thereto, they

have agreed that the custody of the minor child baby Neha shall remain

with petitioner No. 3 and she has been paid a total amount of Rs.55,000/-

by petitioners No. 1 & 2 in full and final settlement of all her claims on

account of return of dowry and istridhan articles including her claim for

past, present and future maintenance. Out of this settlement amount of

Rs.55,000/-, it is stated that Rs.40,000/- has already been paid to her and

the remaining amount of Rs.15,000/- has been paid to her by means of a

cheque of Rs.5,000/- and a Kisan Vikas Patra of Rs.10,000/- which shall

mature for payment in 2017. This payment of Rs.15,000/- has been made

to her before the Court today. Petitioner No. 3 present in Court says that

in view of her settlement with petitioners No. 1 & 2, she does not want to

continue with her criminal case got registered against petitioners No. 1 &

2 being her husband and father in law herein. She says that she has no

objection for quashing of the FIR in question and for dropping of criminal

proceedings pending against petitioners No. 1 & 2.

5 Since the dispute that led to registration of the FIR by petitioner No.

3 against petitioners No. 1 & 2 has arisen on account of matrimonial

dispute between petitioner No. 1 & petitioner No. 3 and as they have

amicably settled their dispute, the interest of justice demand to close the

criminal case pending against petitioners No. 1 & 2 in the Court of Ms.

Twinkle Wadhwa, Metropolitan Magistrate, Delhi. No useful purpose is

going to be served by keeping the said criminal case pending against

them.

6 In the facts and circumstances of the case, FIR No. 320/2002 under

Sections 498-A/406/34 IPC registered against petitioners No. 1 & 2 on the

complaint of petitioner No. 3 at Police Station Anand Prabat is quashed

and the criminal proceedings arising out of the said FIR pending against

them in the Court of Ms. Twinkle Wadhwa, Metropolitan Magistrate, Delhi

are ordered to be dropped.

This petition stands disposed of.

APRIL 19, 2010                                 S.N.AGGARWAL, J
'A'