Jitender Kumar & ORS v. State & ORS

$~34 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(CRL) 1412/2019 JITENDER KUMAR & ORS ..... Petitioners Through:

Ms Kanishka Gautam, Advocate.

versus STATE & ORS ..... Respondents Through:

Ms Purnima Malik, Advocate for Mr Avi Singh, ASC for State with ASI Suresh Kumar, PS New Usmanpur.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 06.11.2019 1.

The petitioners have filed the present petition praying that FIR No.359/2004 under Sections 498A/406/34 of the IPC read with Sections 3/4 of the Dowry Prohibition Act, 1961 registered with PS New Usmanpur and all proceedings emanating therefrom, be quashed. 2.

It is stated that petitioner no.2 has expired. 3.

The present petition is premised on a settlement arrived at between the petitioners and respondent no.2.

4.

Petitioner no.1 and respondent no.2 were married on 11.05.2003. Petitioner no.1 and respondent no.2 state that there were certain matrimonial disputes that led respondent no.2 to file a complaint against the petitioners before the ACP, CAW Cell, Delhi. The same resulted in registration of the FIR in question.

5.

The petitioners (except petitioner no.2 who has expired) are present in Court have been identified by their counsel. Respondent no.2 is present in Court and is identified by the Investigating Officer.

6.

The said petitioners and respondent no.2 state that they have since resolved their disputes.

7.

It is stated that petitioner no.1 and respondent no.2 had jointly filed a petition seeking divorce by mutual consent (HMA Nos.584/2008 and 585/2008). The second motion was allowed on 10.12.2018. 8.

The concerned parties (petitioners and respondent no.2) request that the FIR in question be quashed. They confirm that they have no grievances against each other.

9.

Considering the facts of the present case, this Court is of the view to allow the present petition.

10.

Accordingly, FIR No. 359/2004 under Sections 498A/406/34 of the IPC read with Sections 3/4 of the Dowry Prohibition Act, 1961 registered with PS New Usmanpur and all proceedings emanating therefrom, are quashed.

11.

The concerned parties (petitioners and respondent no.2) shall sign this order as an acknowledgment of their statements recorded herein. 12.

Order dasti under signatures of the Court Master. VIBHU BAKHRU, J NOVEMBER 06, 2019/MK