IN THE SUPREME COURT OF INDIA

   CRIMINL APPELLATE JURISDICTION

     CRIMINAL APPEAL NO.228  OF  2009  

                 [Arising out of SLP(Crl.)No.5961 of 2007]

   ARJUN BAHREE & ORS.                                                    

...  Appellant(s)

                      Versus    

STATE OF NCT,DELHI    ...  Respondent(s)   

O R D E R  

Leave granted.

This appeal is  directed against the judgment and order dated 20th August,  

2007 passed by the Delhi High Court, rejecting the Criminal (Misc.)Main No.2574 of  

2007, wherein a prayer had been made for quashing all proceedings in connection  

with FIR No.139/2005 under Sections 498A/406/34 IPC and Sections 3 and 4 of the  

Dowry Prohibition Act of PS Dilshad Garden, Delhi, pending before the concerned  

court of Metropolitan Magistrate, Karkardooma Court, Shahdara, Delhi.

In a pending application under Section 13B(1) of the Hindu Marriage Act,  

1955 filed by the appellant No.1, who is the husband and the appellant No.4, who is  

the wife, an order had been passed on 07/08/2007, wherein  the terms of settlement  

had been recorded.  One of the terms was that the appellant No. 4  would  cooperate  

with the appellant No.1 in  

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getting the above-mentioned FIR quashed from the Delhi High Court.  It is pursuant

to the said condition that the application had been filed before the High Court for  

quashing of the said proceedings.  By the impugned order of the High Court, the said  

prayer was rejected on the ground that marriage had not yet been dissolved.  It has  

been pointed out on behalf of the appellants that the quashing of the said FIR and  

the proceedings thereunder was a condition precedent for allowing the application  

for grant of mutual divorce and if the same was disallowed, the other proceeding  

could not be taken up.

The husband and the wife are both present before us in Court and both of  

them are agreeable to the said proceedings being quashed.  Even the State has no  

objection in the matter.

Having regard to the above, we allow the appeal, and set aside the order of  

the Delhi High Court, and quash the First Information Report No.139 of 2005, under  

Section 498A/406/34 IPC. and Sections 3 and 4 of the Dowry Prohibition Act of PS  

Dilshad Garden, Delhi, and all proceedings taken in respect thereof.

This order is being passed subject to the appellant No.1 cooperating with the  

appellant  No.4  in  the  pending  proceedings  under  Section  13(B)(1)  of  the  Hindu  

Marriage Act.   

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The parties are directed to seek an early date before the concerned court, and,  

in the event, any objection is taken with regard to the passing of the final order in  

the said proceedings by the appellant No.1, this order shall stand recalled.  

             ...................J.

                              (ALTAMAS KABIR)   

            ...................J.                         (CYRIAC JOSEPH)  

New Delhi, February 06, 2009.