Khusrshid Alam v. State Govt. Of NCT Of Delhi And ANR.
$~67 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CRL.M.C. 1821/2024 KHUSRSHID ALAM ..... Petitioner Through:
Mr. Sanjeev Goel, Advocate along with son of the petitioner.
versus STATE GOVT. OF NCT OF DELHI AND ANR.
..... Respondents Through:
Mr. Naresh Kumar, APP for the State along with ASI Sushil Kumar.
R-2 in person.
CORAM:
HON'BLE MS. JUSTICE SWARANA KANTA SHARMA
O R D E R
% 04.03.2024 CRL.M.A. 6937/2024 (exemption) 1.
Allowed, subject to all just exceptions.
2.
Application stands disposed of.
CRL.M.C. 1821/2024 3.
The instant petition under Section 482 of the Code of Criminal Procedure, 1973 has been filed by the six petitioners praying for quashing of FIR bearing No. 435/2012 registered at Police Station Gokal Puri for the offences punishable under Sections 498A/406/34 of Indian Penal Code (IPC) AND Section 4 of Dowry Prohibition Act, 1881 (DP Act) and all other proceedings arising therefrom.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
4.
Notice. Mr. Naresh Kumar, learned APP accepts notice on behalf of the State.
5.
Briefly stated the facts of the present case are that the marriage between the petitioner and the respondent no.2 was solemnized on 16.04.2011. However, due to temperamental differences between the petitioner and respondent no.2 disputes arose resulting to the registration of the present FIR.
6.
The petitioner is present before this Court and has been identified by his counsel Mr. Sanjeev Goel and Investigating Officer (IO) Sushil Kumar from Police Station Gokal Puri.
7.
On the query made by this Court, respondent no.2 who has been identified by the IO, has categorically stated that she has entered into compromise out of her own free will and without any pressure, coercion or threat. It is also stated by respondent No.2 that the entire dispute has been amicably settled between the parties at Delhi Mediation Centre, Karkardooma Courts, Delhi on 14.12.202 entered into between them. 8.
It is submitted that respondent no.2 has settled all her claims in respect of her dowry articles, stridhan, marriage expenses, jewellery, gift items and claims of past, present and future maintenance and permanent alimony with the petitioner.
9.
The petitioner had paid a sum of Rs. 6,25,000/- in two installments in the following manner:
10.
a. First installment of Rs.6 Lakhs to respondent no. 2 in cash and second installment of Rs.25, 000/- today in Court on PhonePe. 11.
B. Today, the complainant who is present in Court states that she has received the last and final installment of Rs. 25,000/- today, i.e., 04.03.2024 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.
via PhonePe and has no objection if the FIR is quashed. 12.
In view of the above fact that the parties have amicably resolved their differences of their own free will, and without any coercion, no useful purpose will be served by continuing the proceedings, rather the same would create further acrimony between them. It would thus be in interest of justice to quash the abovementioned FIR and the proceedings pursuant thereto. There is no legal impediment in quashing the FIR in question. 13.
Accordingly, FIR bearing No. 435/2012 and Section 4 of the Dowry Prohibition Act, 1881 registered at Police Station Gokal Puri, Delhi for offences punishable under Sections 498A/406/34 of the IPC and all consequential proceedings emanating therefrom are quashed. 14.
The petition stands disposed of.
15.
The order be uploaded on the website forthwith. SWARANA KANTA SHARMA, J MARCH 4, 2024/A Click here to check corrigendum, if any The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above.