Delhi High Court
Krishana Dhama And Ors vs The State (Nct Of Delhi) And Anr. on 18 July, 2024
Author: Anoop Kumar Mendiratta
Bench: Anoop Kumar Mendiratta
$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of Decision: 18.07.2024
+ W.P.(CRL) 789/2024
KRISHANA DHAMA AND ORS. ..... Petitioners
Through: Mr.Vineet Aggarwal, Mr.Jatin Kumar,
Mr.Kunal Chauhan and Mr.Surya
Naran Advocated with petitioners in
person.
versus
STATE NCT OF DELHI AND ANR. .... Respondents
Through: Mr.Yasir Rauf Ansari, ASC (Crl.) for
State with Mr.Alok Sharma and
Mr.Vasu Agarwal, Advocates with
ASI Vikram Singh, P.S. Karawal
Nagar.
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.
W.P.(CRL) 789/2024 & CRL.M.A. 7364/2024
1. Petition under Article 226 of the Constitution of India read with
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. 609/2020,
under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act
registered at P.S.: Karawal Nagar and proceedings emanating therefrom.
2. Issue notice. Learned ASC for the State along with 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 21.04.2015. A female child was born out of the wedlock who
is presently in custody of respondent No.2. Due to temperamental
differences, petitioner No.1 and respondent No.2 started living separately.
On complaint of respondent No. 2, present FIR was registered on
23.12.2020.
4. The disputes are stated to have been amicably settled between the
parties in terms of the affidavit of respondent No.2 dated 24.02.2024. The
marriage between petitioner No. 1 and respondent No. 2 has been dissolved
by decree of divorce dated 18.12.2023, by way of mutual consent under
Section 13B(2) of the Hindu Marriage Act.
5. Balance amount of Rs.1,00,000/- has been paid to respondent No.2
today through DD No.383932 dated 03.07.2024 drawn on Punjab & Sind
Bank, U.P. Border, Near Indrapuri Police Chowki, Loni District Ghaziabad,
U.P. Branch in favour of respondent No.2.
6. Learned ASC for the State submits that in view of amicable settlement
between the parties, he has no objection in case the FIR in question is
quashed.
7. Petitioners and respondent No. 2 are present in person and have been
identified by ASI Vikram Singh, P.S.: Karawal Nagar. 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. Continuation of proceedings would be nothing but
an abuse of the process of Court. Consequently, FIR No. 609/2020, under
Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act registered
at P.S.: Karawal Nagar and the proceedings emanating therefrom stand
quashed.
Petition is accordingly disposed of. Pending applications, if any, also
stand disposed of.
A copy of this order be forwarded to learned Trial Court for
information.
ANOOP KUMAR MENDIRATTA, J.
JULY 18, 2024/v
