HC Delhi granted quashing of an FIR and underlying proceedings under Section 498A IPC and the Dowry Prohibition Act upon confirmation of a mutual settlement and no likelihood of conviction, citing it as abuse of process.
FIR No. 0156/2021 and proceedings under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961 are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~67
Through: Mr. Ajay Tyagi, Advocate with petitioners-in-person.
versus
THE STATE AND ANR. .....Respondents Through: Ms. Meenakshi Dahiya, APP for State with ASI Jagdish Dhaka and ASI Vikram Singh, PS: Karawal Nagar. Mr. Anuj Sharma, Advocate for R-2 with R-2-in-person.
CORAM:
HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA
% J U D G M E N T
ANOOP KUMAR MENDIRATTA, J (ORAL)
CRL.M.A. 28561/2024
Exemption allowed, subject to just exceptions.
Application stands disposed of.
CRL.M.C. 7482/2024
1. Petition under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioners for quashing of FIR No. 0156/2021, under Sections 498A/406/34 IPC and Section 4 of Dowry Prohibition Act, 1961, registered at PS: Karawal Nagar and proceedings emanating therefrom. Chargesheet has been filed under Sections 498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961.
2. Issue notice. Learned APP for the State and learned counsel for respondent No. 2 along with respondent No. 2 in person appear on advance
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CRL.M.C. 7482/2024
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notice and accept notice.
3. In brief, as per the case of the petitioners, marriage between petitioner No. 2 and respondent No. 2 was solemnized according to Hindu rites and ceremonies on 12.11.2014 (Learned counsel for petitioners clarifies that reference to Muslim rites and ceremonies is due to an inadvertent typographical error). A male child was born out of the wedlock. Due to matrimonial differences, petitioner No. 2 and respondent No. 2 started living separately. On complaint of respondent No. 2, present FIR was registered on 13.04.2021.
4. The disputes are stated to have been amicably settled between the parties in terms of MoU dated 18.07.2024, whereby petitioner No. 2 and respondent No. 2 are stated to be residing together since two years.
5. Learned APP for the State submits that in view of amicable settlement between the parties, she has no objection in case the FIR in question is quashed.
6. Petitioners and respondent No. 2 are present in person and have been identified by ASI Jagdish Dhaka, PS: 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 nothing remains to be further adjudicated upon between the parties and she has no objection in case the FIR in question is quashed.
7. 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. 0156/2021, under Sections
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CRL.M.C. 7482/2024
498A/406/34 IPC and Sections 3/4 of Dowry Prohibition Act, 1961, registered at PS: Karawal Nagar and proceedings emanating therefrom are quashed.
Petition is accordingly disposed of. Pending applications, if any, also stand disposed of.
A copy of this order be forwarded to learned Trial Court for information.
ANOOP KUMAR MENDIRATTA, J
SEPTEMBER 23, 2024/ R
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CRL.M.C. 7482/2024
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2 issues framed by the court
Whether FIR registered under Section 498A IPC and Dowry Prohibition Act be quashed upon amicable settlement between parties.
Whether pending proceedings in matrimonial disputes should be continued when parties confirm no further adjudication is needed.
3 provisions across 3 enactments
Santosh Aggarwal and Ors.
The State
Another Respondent
Anoop Kumar Mendiratta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
