High Court of DelhiCRL.M.C./4173/2019

Neeraj Pamnani & ANR. v. State & ANR.

2019-08-26Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~62 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4173/2019 NEERAJ PAMNANI & ANR.

..... Petitioners Through:

Mr.Mukul Kumar Gupta, Adv. with petitioners in person.

versus STATE & ANR.

..... Respondents Through:

Mr.M.S. Oberoi, APP for State.

Insp.Mohan Chander Pandey ASI Vijay Pal Singh PS CWC Nanak Pura.

Mr.Chankdra Mani Tiwari, Adv. for R-2.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 26.08.2019 Crl. M.A. 34216/2019 Allowed, subject to all just exceptions.

Application is disposed of.

Crl.M.C.4173/2019 Vide the present petition, the petitioners seek quashing of FIR No.57/2009 registered at police station Crime Women Cell, Nanakpura, Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom. Notice issued.

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.

The petitioner no.1 and respondent no.2 got married on 05.10.2000 as per Hindu rites and rituals. Two children were born out of their wedlock namely Pratham and Radhika. Petitioner no.1 and respondent no.2 started living separately since 05.10.2008. On 29.04.2009, respondent no.2 lodged FIR mentioned above for the offences mentioned above against the petitioners.

The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 31.01.2019 between petitioner no.1 and respondent no.2 and settled all their disputes amicably. The complainant is present in person with her counsel and states that matter has been settled and she does not wish to prosecute the matter any further. She has been identified by the IO of the case. Taking into account the aforesaid facts, this Court is inclined to quash the subject FIR as no useful purpose would be served in prosecuting the petitioners any further.

For the reasons afore-recorded, the FIR No.57/2009 registered at police station Crime Women Cell, Nanakpura, Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings are quashed.

The petition is allowed accordingly.

SURESH KUMAR KAIT, J AUGUST 26, 2019/ab