HC quashes dowry case as couple settle amicably
The Delhi high court quashed an FIR in a case of alleged <g data-gr-id="26">harrasment</g> of a woman for dowry as the couple has settled the disputes amicably and the marriage been dissolved with the husband paying an alimony of Rs 1.75 lakh to his wife.
Mumtaz Jahan had lodged the FIR at the Seemapuri police station in 2013, alleging demands of dowry by the husband and harassment at his hands. However, they settled their disputes in July this year and moved a joint petition in the High Court seeking quashing of the FIR. The police had completed probe and filed a charge-sheet in the matter, counsel for the two petitioners submitted.
Their counsel also submitted that the marriage had been dissolved through the Islamic rites with the pronouncement of ‘Talaq’ three times. The woman had been paid Rs1.75 lakh as alimony. She also got the custody of the younger child, their counsel stated. The woman who was present in the court also agreed to the plea for quashing of the FIR.
The public prosecutor also submitted that the state had no objection if the case was quashed as the parties had settled their disputes amicably.
“Both the parties who are present in the Court today approve the settlement and undertake to remain bound by the same. Since the subject matter of this FIR is essentially matrimonial, which now stands mutually and amicably settled between the parties, and the complainant is no longer interested in supporting the prosecution because of which its chances of success in the matter are now greatly diminished,’’ the court said.
“Therefore, in the facts and circumstances as noted above, I am of the considered opinion that this matter deserves to be given a quietus as continuance of the proceedings would be an exercise in futility,’’ the court said quashing the case.