$~45
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 16.09.2019
+ CRL.M.C. 4629/2019
CHANDAN KUMAR MAJUMDAR ….. Petitioner
Through: Mr. B.L. Yadav, Adv.
versus
STATE ANR. ….. Respondents
Through: Mr. Izhar Ahmed, APP for State with
SI Shashi Kant, PS – Seemapuri,
Delhi
Mr. Vikas Dudeja and Mr. M.K.
Saroja, Advs. for R-2
CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL.M.A. 35816/2019 (Exemption)
1. Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.
CRL.M.C. 4629/2019
2. Vide the present petition, the petitioner seeks direction thereby
quashing FIR No. 198/2012 dated 07.06.2012, registered at PS – Seema
Pur, Delhi for the offences punishable under Sections 498A/Section406/Section34 IPC and
Section 4 Dowry Prohibition Act and all other proceedings emanating
CRL.M.C. 4629/2019 Page 1 of 3
therefrom.
3. Notice issued.
4. Notice is accepted by the learned APP for the State and counsel for
the respondent no.2 and with the consent of the counsel for the parties, the
present petition is taken up for final disposal.
5. The petitioner no.1 and respondent no.2 got married on 05.08.2010 as
per Hindu rites and rituals. Due to extreme incompatibilities between the
petitioners and respondent no.2, they started living separately from
08.03.2011.
6. The petitioner and respondent no.2 entered into an amicable
settlement vide mediation settlement dated 04.05.2018 and settled all their
disputes amicably. The total settlement amount is ₹7,50,000/-(Rupees Seven
Lakhs and Fifty Thousand only) to be paid to the wife towards full and final
settlement of all her claims including stridhan, permanent alimony
maintenance (present, past and future) etc. Learned counsel submits that the
respondent no. 2 has already received an amount of ₹5 lakhs. A demand
draft bearing No.150023 dated 19.08.2019 for the balance amount of
₹2,50,000/- is handed over to the respondent no. 2 today in the Court.
7. The complainant is present in person with her counsel and has been
CRL.M.C. 4629/2019 Page 2 of 3
identified by SI Shashi Kant, PS – Seemapuri, Delhi and submits that matter
has been settled and she does not wish to prosecute the matter any further.
8. Taking into account the aforesaid facts, this Court is inclined to quash
the concerned FIR as no useful purpose would be served in prosecuting the
petitioner any further.
9. For the reasons afore-recorded, the FIR No. 198/2012 dated
07.06.2012, registered at PS – Seema Pur, Delhi for the offences punishable
under Sections 498A/Section406/Section34 IPC and Section 4 Dowry Prohibition Act and
consequent proceedings therefrom are quashed.
10. The petition is allowed accordingly.
11. Order dasti, under the signature of Court Master.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 16, 2019
PB
CRL.M.C. 4629/2019 Page 3 of 3
