Naresh Chand & ORS v. State & ANR

$~53 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 12.09.2019 + NARESH CHAND & ORS ..... Petitioners Through Mr.Kuldeep Gola, Adv.

versus STATE & ANR ..... Respondents Through Mr. Izhar Ahmed, APP for State.

SI Sachin PS Subhash Place.

Mr.J.S. Arya, Adv. with Ms.Dimple Nagpal, Adv. for complainant with complainant in person.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT J U D G M E N T (ORAL) Crl. M.A. 35591/2019 1.

Allowed, subject to all just exceptions.

2.

Application is disposed of.

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.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 12, 2019/ab