Chandan Kumar Majumdar vs State & Anr.
2019 Latest Caselaw 4365 Del

$~45
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 16.09.2019
+      CRL.M.C. 4629/2019
       CHANDAN KUMAR MAJUMDAR               ..... Petitioner
                  Through: Mr. B.L. Yadav, Adv.
                          versus
       STATE & ANR.                                        ..... Respondents
                          Through:      Mr. Izhar Ahmed, APP for State with
                                        SI Shashi Kant, PS - Seemapuri,
                                        Delhi
                                        Mr. Vikas Dudeja and Mr. M.K.
                                        Saroja, Advs. for R-2

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 35816/2019 (Exemption)

1. Allowed, subject to all just exceptions.

This application is, accordingly, disposed of.

CRL.M.C. 4629/2019

2. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No. 198/2012 dated 07.06.2012, registered at PS - Seema

Pur, Delhi for the offences punishable under Sections 498A/406/34 IPC and

Section 4 Dowry Prohibition Act and all other proceedings emanating

therefrom.

3. Notice issued.

4. Notice is accepted by the learned APP for the State and counsel for

the respondent no.2 and with the consent of the counsel for the parties, the

present petition is taken up for final disposal.

5. The petitioner no.1 and respondent no.2 got married on 05.08.2010 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

08.03.2011.

6. The petitioner and respondent no.2 entered into an amicable

settlement vide mediation settlement dated 04.05.2018 and settled all their

disputes amicably. The total settlement amount is ₹7,50,000/-(Rupees Seven

Lakhs and Fifty Thousand only) to be paid to the wife towards full and final

settlement of all her claims including stridhan, permanent alimony &

maintenance (present, past and future) etc. Learned counsel submits that the

respondent no. 2 has already received an amount of ₹5 lakhs. A demand

draft bearing No.150023 dated 19.08.2019 for the balance amount of

₹2,50,000/- is handed over to the respondent no. 2 today in the Court.

7. The complainant is present in person with her counsel and has been

identified by SI Shashi Kant, PS - Seemapuri, Delhi and submits that matter

has been settled and she does not wish to prosecute the matter any further.

8. Taking into account the aforesaid facts, this Court is inclined to quash

the concerned FIR as no useful purpose would be served in prosecuting the

petitioner any further.

9. For the reasons afore-recorded, the FIR No. 198/2012 dated

07.06.2012, registered at PS - Seema Pur, Delhi for the offences punishable

under Sections 498A/406/34 IPC and Section 4 Dowry Prohibition Act and

consequent proceedings therefrom are quashed.

10. The petition is allowed accordingly.

11. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE

SEPTEMBER 16, 2019 PB