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Sh Kishore Kumar @Vicky vs State Gnct Of Delhi & Anr on 11 October, 2022

Author: Talwant Singh

Bench: Talwant Singh

                      $~51
                      *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                      +    CRL.M.C. 5135/2022 & CRL.M.A. 20528/2022
                           SH KISHORE KUMAR @VICKY                      ..... Petitioner
                                           Through: Mr. Arun Kumar, Advocate, Mr.
                                                      Nitin Chaudhary and Mr. Vaibhav
                                                      Chaudhary, Advocates.
                                           versus
                           STATE GNCT OF DELHI & ANR.                   ..... Respondents
                                           Through: Mr. Raj Kumar, APP for State.
                                                      SI Deepak. PS Anand Vihar.
                           CORAM:
                           HON'BLE MR. JUSTICE TALWANT SINGH
                                           ORDER

% 11.10.2022 CRL.M.A. 20528/2022 (Exemption)

1. Allowed, subject to all just exceptions.

2. This petition is filed for quashing of FIR No. 335/2018 under Section 498-A IPC and Section 4 of Dowry Prohibition Act, registered at PS Anand Vihar, Delhi and the proceedings emanating therefrom.

3. The marriage between petitioner/husband and respondent no.2/wife was solemnized on 11.02.2008 as per Hindu rituals and ceremonies. Two female children, namely, Baby Avni Jain and Baby Navni Jain are born out of the said wedlock. Due to some temperamental differences and misunderstanding, the respondent No.2 started living separately from petitioner since 16.04.2016 and got the aforesaid FIR registered against the petitioner. On mutual consent, a decree of divorce has been passed on 22.12.2021, which is annexed as Annexure-P4.

4. The complainant/respondent No.2 and petitioner are present and have been duly identified by the Investigating Officer. Respondent No.2 states that the matter has been settled with the petitioner and she has no objection if the FIR is quashed against the petitioner. The learned APP for the State also has no objection if this petition is allowed.

5. Considering the above settlement between the parties and chances of conviction of the petitioner are bleak, there is no use to continue with the proceedings of the present FIR as complainants have settled all the disputes and have received the settled amount from the petitioner.

6. Accordingly, the petition is allowed. Consequently, FIR No. 335/2018 under Section 498-A IPC and Section 4 of Dowry Prohibition Act, registered at PS Anand Vihar, Delhi and the proceedings emanating there from are quashed subject to payment of costs of Rs. 5,000/- which will be deposited with Advocates Welfare Fund maintained by Shahdara Bar Association, Delhi. Copy of which will be handed over to IO within ten days from today. Pending application(s), if any, also stands disposed of.

TALWANT SINGH, J OCTOBER 11, 2022/mr Click here to check corrigendum, if any CRL.M.C. 5135/2022 Page 2 of 2 Signature Not Verified Signed By:HARIOM Signing Date:17.10.2022 16:45:11