← Library
High Court of DelhiCRL.M.C./4424/2019

Mohd. Rasheed & ORS. v. State & ANR.

2019-09-04Hon'Ble Mr. Justice Suresh Kumar Kait3 pages

$~36 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 04.09.2019 + CRL.M.C. 4424/2019 MOHD. RASHEED & ORS.

..... Petitioners Through Mr.Manish Kapoor, Adv.

versus STATE & ANR.

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

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl. M.A. 35045/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

CRL.M.C.4424/2019 3.

Vide the present petition, the petitioners seek quashing of FIR No.1352/2015 dated 20.09.2015 registered at Police Station Neb Sarai instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom. 4.

Notice issued.

CRL.M.C. 4424/2019 Page 1 of 3

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 31.01.2011. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 18.06.2011. 7.

The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Mediation Centre, Saket Courts, New Delhi vide settlement deed dated 27.02.2019 and settled all their disputes amicably.

8.

The complainant/respondent no.2 is present in person and has produced her Aadhar Card bearing No.935840745245 (Original Seen and Returned) 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.1352/2015 dated 20.09.2015 registered at Police Station Neb Sarai instituted for the offences CRL.M.C. 4424/2019 Page 2 of 3

punishable under Sections 498A/406/509 of the IPC and consequent proceedings are quashed.

11.

The petition is allowed accordingly.

12.

Order dasti.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 04, 2019 ab CRL.M.C. 4424/2019 Page 3 of 3