Pawan Kumar & Ors. vs The State NCT Of Delhi & Anr.

ANOOP KUMAR MENDIRATTA, J (ORAL)

Exemption allowed, subject to just exceptions. Application stands disposed of.

Petition under Section 482 Cr.P.C. and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 471/2020 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act registered at P.S.: Karawal Nagar and proceedings emanating therefrom.

Issue notice. Learned APP for the State and respondent no. 2 in person appear on advance notice and accept notice.

In brief, as per the case of the petitioners, marriage between petitioner No. 1 and respondent No. 2 was solemnized according to Hindu Rites and ceremonies on 11.12.2018. A female child was born out of the wedlock on 19.08.2019. Due to matrimonial differences, petitioner No.1 and respondent No. 2 started living separately since 04.09.2019. On complaint of respondent No. 2, present FIR was registered on 03.10.2020.

The disputes are stated to have been amicably settled between the parties and both petitioner no.1 and respondent no.2 are residing together since 01.01.2021.

Learned APP for the State submits that in view of amicable settlement between the parties, he has no objection in case the FIR in question is quashed.

Petitioners and respondent No. 2 in person, have been identified by ASI Vikram Singh, P.S.: Karawal Nagar. I have interacted with the parties and they confirm that the matter has been amicably settled between them without any threat, pressure or coercion. Respondent No. 2 also states that she has no objection in case the FIR in question is quashed since she has been living happily with the petitioner no.1.

Considering the facts and circumstances, since the matter has been amicably settled between the parties, no useful purpose shall be served by keeping the case pending. It would be nothing but an abuse of the process of Court. The chances of conviction are bleak in view of amicable settlement between the parties. Consequently, FIR No. 471/2020 under Sections 498A/406/34 IPC & Section 4 of Dowry Prohibition Act registered at P.S.: Karawal Nagar and proceedings emanating therefrom stand quashed. Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.

A copy of this order be forwarded to the learned Trial Court for information.