Lokesh v. State & ANR

$~15 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4542/2019 LOKESH ..... Petitioner Through:

Mr. Manav Narula, Advocate with petitioner in person.

versus STATE & ANR ..... Respondents Through:

Mr. Amit Ahlawat, APP for the State with SI Yogesh Dahiya, PS Adarsh Nagar.

R-2 in person.

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

% 15.01.2020 1.

This is a petition under Article 226 of the Constitution of India read with Section 482 Cr.P.C. for quashing of FIR No.514/2015, under Sections 498A/406/34 IPC registered at Police Station-Adarsh Nagar, North West District, Delhi, and all proceedings emanating therefrom. 2.

The brief facts of the case are that petitioner and respondent No.2 got married on 06.11.2011 according to Hindu rites and ceremonies and they lived together as wife and husband with each other. After the marriage, some disputes and differences arose between them. On 17.08.2015, the respondent No.2 got the above said FIR registered against the petitioner for causing cruelties and demand of dowry.

4.

Counsel for the petitioner submits that during the pendency of the trial, the parties have settled the matter amicably in terms of the Settlement

dated 04.04.2018. Copy of the same is placed on record. Accordingly, the marriage of the petitioner and respondent no.2 has already been dissolved by decree of divorce with mutual consent of the parties vide order dated 20.02.2019 passed by the Ld. Court of Mr. M.R. Sethi, Principal Judge, Family Courts, North District, Delhi.

Copy of the decree of divorce is placed on record.

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 petitioner. She further submits that the settlement has taken place voluntarily, without any force, pressure or coercion. As per settlement, the DD No.524666 dated 15.01.2020 of Rs.1,20,000/- has been handed over to the respondent No.2 today and Rs.30,000/- has been transferred to the account of respondent no. 2 by RTGS. 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 petitioner with the Delhi State Legal Service Authority 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.514/2015, under Sections 498A/406/34 IPC

registered at Police Station-Adarsh Nagar, North West District, Delhi, and the proceedings emanating therefrom shall stand quashed. 8.

The present petition stands disposed of accordingly. Dasti. RAJNISH BHATNAGAR, J JANUARY 15, 2020/AK