KHUSH CHADDHA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "Cr.P.C.") for quashing of FIR No. 349/1999 under Sections 498-A/406/34 of Indian Penal Code ("I.P.C." in short) and Sections 3/4 of Dowry Prohibition Act registered at Police Station Shahdara on 01.12.2000 and the criminal proceedings emanating therefrom pending trial in the Court of Ms. Anuradha Shukla, Metropolitan Magistrate, Delhi.

(2.) The relevant facts are that the marriage between petitioner no. 1 and respondent no. 2 was solemnized as per Hindu rituals and customs on 20.04.1988. Petitioner nos. 2 and 3 are brothers-in-law, petitioner no. 4 is mother-in-law and petitioner no. 5 is sister-in-law of respondent no. 2. After the marriage between the petitioner no. 1 and respondent no. 2 disputes arose between respondent no. 2 and her in-laws which led to the registration of an FIR under Sections 498-A/406/34 IPC at Shahdara police station at the behest of respondent no. 2. In her complaint to the police the respondent no. 2 had made allegations of torture to her by the petitioners for not fulfilling their demands of dowry. The police did the investigation and then filed a charge-sheet in the concerned Court against the petitioners where trial is stated to be going on.

(3.) During the pendency of the said criminal case, the complainant and the petitioners resolved their disputes and arrived at an amicable settlement as regards the maintenance, stridhan/dowry articles etc. The copy of agreement dated 05.04.2006 has been annexed with this petition. The petitioner no. 1 and respondent no. 2 herein, as it can be seen from the petition itself, have already sought divorce by way of mutual consent.