Abdul Hamid & ORS. v. State & ANR.
$~33 *
IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CRL.M.C. 867/2020 ABDUL HAMID & ORS.
..... Petitioners Through:
Mr. Rahul Kumar Gupta, Advocate with petitioners in person.
versus STATE & ANR.
..... Respondents Through:
Ms. Rajni Gupta, APP for the State with SI Malvinder.
Mr. Shailendra Kumar, Advocate for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE RAJNISH BHATNAGAR
O R D E R
% 17.02.2020 Crl. M.A. No.3505/2020 (for exemption) Allowed, subject to all just exceptions.
The application stands disposed of.
Crl. M.C. No.867/2020 1.
This is a petition under Section 482 Cr.P.C. for quashing of FIR No.0641/2015, under Sections 498-A/406/34 IPC registered at Police Station-Pandav Nagar, Delhi, and all proceedings emanating therefrom.
2.
Issue notice.
Learned APP for the State, who appears on advance notice, accepts notice. Learned counsel for respondent No.2 appears and accepts notice.
3.
The brief facts of the case are that the petitioner No.1 and respondent No.2 got married on 25.05.2012 according to Muslim rites and ceremonies and they lived together as wife and husband with each other. After the marriage, some disputes and differences arose between them and they started living separately. On 13.09.2015, the respondent No.2 got the above said FIR registered against the petitioners for causing cruelties and demand of dowry. 4.
Counsel for the petitioners submits that during the pendency of the trial, the parties have settled the matter amicably before the Mediation Centre, Karkardooma Courts, Delhi. Copy of the same is placed on record. Accordingly, the marriage of the petitioner No.1 and respondent No.2 has already been dissolved by Talaknama on 30.10.2017. Copy of the Talaknama is placed on record. 5.
Respondent No.2 is present in Court today and she has been identified by the IO. As per settlement, the DD No.519782 dated 10.12.2019 in the sum of Rs.2,00,000/- has been handed over to the respondent No.2 in the Court today. The respondent No.2 admits that she has settled the matter amicably with the petitioners. She further submits that the settlement/compromise has taken place voluntarily, without any force, pressure or coercion.
Respondent No.2 submits that nothing remains to be adjudicated further between them and she has no objection if the FIR in question is quashed. 6.
Learned counsel for the State submits that in view of the settlement between the parties, 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, 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, subject to costs of ₹5,000/- to be deposited by the petitioners with the Delhi High Court Legal Services Committee within one week from today. Upon placing on record the proof of deposit of costs within a week thereafter and handing over its copy to the Investigating Officer, FIR No.0641/2015, under Sections 498A/406/34 IPC registered at Police Station-Pandav Nagar, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.
The present petition stands disposed of accordingly. 9.
Dasti.
RAJNISH BHATNAGAR, J.
FEBRUARY 17, 2020 'AA'