High Court of DelhiCRL.M.C./4194/2019

Sh. Ratnesh Choudhary & ORS. v. State & ANR.

2019-08-27Hon'Ble Mr. Justice Suresh Kumar Kait2 pages

$~76 *

IN THE HIGH COURT OF DELHI AT NEW DELHI

+ CRL.M.C. 4194/2019 SH. RATNESH CHOUDHARY & ORS.

..... Petitioners Through Mr.Jeevesh Pratap Singh, Adv.

versus STATE & ANR.

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

SI Kuldeep Singh PS Palam Village.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

O R D E R

% 27.08.2019 Crl. M.A. 34279/2019 Allowed, subject to all just exceptions.

Application is disposed of.

Crl.M.C. 4194/2019 Vide the present petition, the petitioners seek quashing of FIR No.249/2017 dated 26.07.2017 registered at police station Palam Village 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 23.11.2015 as per Hindu rites and rituals. One child was born out of the wedlock namely Avanya on 22.08.2016. On 26.07.2017, respondent no.2 lodged FIR mentioned above for the offences mentioned above against the petitioners. On 06.03.2018, the petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Family Courts, Dwarka Court, New Delhi and settled all their disputes amicably.

As per the settlement, an amount of ₹6 lacs has already been paid to the complainant/respondent no.2.

The complainant is present in person with her counsel and has been identified by SI Kuldeep Singh and submits that matter has been settled and she does not wish to prosecute the matter any further. 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.249/2017 dated 26.07.2017 registered at police station Palam Village instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings are quashed.

The petition is allowed accordingly.

Order dasti SURESH KUMAR KAIT, J AUGUST 27, 2019 ab