High CourtsSingle Bench(2019) 09 DEL CK 0103

Naresh Chand & Ors vs State & Anr

Delhi High Court · Decided on 12 September 2019

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4561 Of 2019

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Judgment

15 paragraphs · 276 words

Suresh Kumar Kait, J

Crl. M.A. 35591/2019

1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C. 4561/2019

3.

Vide the present petition, the petitioners seek quashing of FIR No.421/2016 dated 18.07.2016 registered at Police Station Subhash Place instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

4.

Notice issued.

5.

Notice is accepted by 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.

6.

The petitioner no.1 and respondent no.2 got married on 10.12.2005 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7.

The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Delhi Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated 21.05.2019 and settled all their disputes amicably.

8.

The complainant is present in person with her counsel and has been identified by SI Sachin of Police Station Subhash Place and submits that matter has been settled and she does not wish to prosecute the matter any further.

9.

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 petitioners any further.

10.

For the reasons afore-recorded, the FIR No.421/2016 dated 18.07.2016 registered at Police Station Subhash Place instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.

11.

The petition is allowed accordingly.

12.

Order dasti.