Kamal & ORS. v. State & ANR.

$~51 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 198/2020 KAMAL & ORS.

..... Petitioners Through:

Mr.

Jagat Singh, Advocate with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr. Sanjay Lao, ASC for the State with SI Sandeep Maan, PS Ambedkar Nagar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 23.01.2020 Crl. M.A. No. 1472/2020 (for exemption) Exemption allowed subject to just exceptions. The application stands disposed of.

W.P.(CRL) 198/2020 1.

Issue notice. Ld. ASC for the State appears on advance notice and accepts notice. Counsel for the respondent no.2 appears and accepts notice.

2.

This is a petition under Section 482 Cr.P.C. for quashing of FIR No.1001/2015, under Sections 498A/406/506/34 IPC read with Section 3/4 of Dowry Prohibition Act, registered at Police Station-

Ambedkar Nagar, District South-East, Delhi, and all proceedings emanating therefrom.

3.

The brief facts of the case are that the due to matrimonial dispute between the petitioners and the respondent No.2, respondent no.2 got the above said FIR registered against the petitioners. 4.

Counsel for the petitioners submits that during the pendency of the trial, the petitioners and respondent No.2 have settled the matter amicably and they are living together happily for the past two months. 5.

Respondent No.2 is present in Court today and she has been identified by the IO. The respondent No.2 admits that she has settled the matter amicably with the petitioners and living with petitioner no.1 happily. She further submits that the settlement has taken place voluntarily, without any force, pressure or coercion. She submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed. 6.

Learned ASC for the State submits that in view of the settlement, the State has no objection if the FIR in question be quashed.

7.

Keeping in view the above facts and circumstances, since the matter has been amicably settled between the parties and they are living together, no useful purpose will be served by keeping the case pending.

It will be nothing but abuse of the process of law. Consequentially, this petition is allowed and FIR No.1001/2015, under Sections 498A/406/506/34 IPC read with Section 3/4 of Dowry Prohibition Act, registered at Police Station- Ambedkar Nagar, District South-East, Delhi, and the proceedings emanating therefrom

are hereby quashed.

8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 23, 2020 AK