Delhi High Court
Alok Jolly And Others vs The State Nct Of Delhi And Anr. on 3 April, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~61
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 03.04.2024
+ CRL. M.C. 2621/2024
ALOK JOLLY AND OTHERS. ..... Petitioners
Through: Mr. V.K. Mehta, Advocate alongwith
petitioners in person.
versus
THE STATE NCT OF DELHI & ANR. .... Respondents
Through: Ms.Kiran Bairwa, APP with IO/SI
Vikas, PS Mansarover Park.
Ms.Priyanka Rani and Mr.Tushar
Jiaswal, Advocates alongwith
respondent No.2 in person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% JUDGMENT
ANOOP KUMAR MENDIRATTA, J (ORAL)
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. 0470/2015, under Sections 498A/406/34 IPC & Section 4 of the
Dowry Prohibition Act, registered at P.S.: Mansarovar Park (North East) and
proceedings emanating therefrom.
2. Issue notice. Learned APP for the State and learned counsel for
respondent No.2 alongwith 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 24.04.2014. No child was born out of the wedlock. Due to
temperamental differences, respondent No.2 and petitioner No.1 started
living separately. On the complaint of respondent No. 2, present FIR was
registered on 02.10.2015.
4. The disputes are stated to have been amicably settled between the
parties in terms of Settlement Deed dated 28.09.2019. 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 11.12.2019.
5. Balance amount of Rs. 2,00,000/- has been paid to respondent No.2
today through DD No.427346 dated 04.12.2023 drawn on Punjab & Sind
Bank, Babarpur, Shahdara, 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 are present in person and have
been identified by SI Vikas, P.S.: Mansarover Park. 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 she has no objection in case the FIR in question is quashed.
8. 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. 0470/2015, under Sections 498A/406/34 IPC
& Section 4 of the Dowry Prohibition Act, registered at P.S.: Mansarovar
Park (North East) and the proceedings emanating therefrom stand quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
ANOOP KUMAR MENDIRATTA, J.
APRIL 03, 2024/v
