W.P.(CRL)/800/2015 of BIHAG MEHTA & ANR Vs STATE & ANR
Parties
- BIHAG MEHTA & ANR (PETITIONER)
- STATE & ANR (RESPONDENT)
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Statutes cited (1)
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IN THE HIGH COURT OF DELHI AT NEW DELHI
+W.P.(CRL) 800/2015 and Crl. M.A. No. 5754/2015
BIHAG MEHTA & ANR..... PetitionersThrough:Mr.AnuragAhluwaliaandMr.Prashant Ghai, Advs.Through:Mr.AnuragAhluwaliaandMr.Prashant Ghai, Advs.
versus
STATE & ANR..... RespondentsThrough:Mr.SaleemAhmed,StandingCounsel (Crl.) with Mr. Ajay PratapSingh, Adv. along with SI BalbirSingh, P.S. Shahdara for respondentno. 1Respondent no. 2 in person.Through:Mr.SaleemAhmed,StandingCounsel (Crl.) with Mr. Ajay PratapSingh, Adv. along with SI BalbirSingh, P.S. Shahdara for respondentno. 1Respondent no. 2 in person.
CORAM:HON'BLE MR. JUSTICE A.K. PATHAKO R R%22.04.2015
On the complaint of respondent no. 2, FIR No. 9/2013 under Sections
498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 wasregistered at Police Station Shahadra against the petitioners. Petitioner no. 1and respondent no.2 were married on 15[th]July, 2008. Due to temperamentaldifferences, they could not live together since October, 2011. Thereafter, onthe complaint of respondent no.2 present FIR has been registered. Duringthe pendency of investigation itself, petitioner no. 1 and respondent no. 2have settled their disputes amicably vide Deed of Settlement dated 1[st]Mach,2014.Petitioner no. 1 and respondent no. 2 have decided to part ways.
They have even obtained decree of divorce by way of mutual consent fromthe Family Court, Karkardooma Courts, Delhi on 17[th]January, 2015. Out ofthe settled amount of `10,00,000/-, respondent no. 2 has already received`6,00,000/- from the petitioner no. 1.Remaining settled amount of`4,00,000/- has been paid by the petitioner no. 1 to respondent no. 2 today inCourt vide demand draft, photocopy whereof has been placed on record.
Respondent no. 2 states that she has no objection in case FIR isquashed.
Keeping in mind that parties have settled their disputes amicably andhave taken decree of divorce by mutual consent, no fruitful purpose wouldbe served in keeping them entangled in the criminal proceedings.Accordingly, in the interest of justice, FIR No. 9/2013 under Sections 498-A/406/34 IPC and Section 4 of the Dowry Prohibition Act, 1961 registeredat Police Station Shahadra and the consequent proceedings emanatingtherefrom are quashed.
Petition is disposed of in the above terms. Miscellaneous applicationis disposed of as infructuous. Dasti.
A.K. PATHAK, J.
APRIL 22, 2015rb