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Chandan Kumar @ Bunty & Ors vs The State & Anr on 5 September, 2019

$~56
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 05.09.2019

+ CRL.M.C. 4437/2019
CHANDAN KUMAR @ BUNTY ORS ….. Petitioners
Through Mr.R.A. Khan, Adv. with Mr.Sunil
Adv.

versus

THE STATE ANR ….. Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Manish PS R.K. Puram.
Mr.J.K. Mishra, Adv. for complainant
with R-2 in person.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)

Crl. M.A. 35116/2019

1. Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C.4437/2019

2. Vide the present petition, the petitioner seeks quashing of FIR

No.432/2009 registered at Police Station R.K. Puram instituted for the

CRL.M.C. 4437/2019 Page 1 of 3
offences punishable under Sections 498A/Section406/Section34 of the IPC and consequent

proceedings arising therefrom.

3. Notice issued.

4. 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.

5. The petitioner no.1 and respondent no.2 got married on 19.01.2008 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

05.01.2009.

6. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide MOU dated

06.08.2019 and settled all their disputes amicably.

7. The complainant/respondent no.2 is present in person with her

counsel and has been identified by SI Manish of Police Station R. K. Puram

and submits that matter has been settled and she does not wish to prosecute

the matter any further.

8. Though the present petition is filed on behalf of 4 accused

persons/petitioners out of 6 accused, however, since the dispute is

CRL.M.C. 4437/2019 Page 2 of 3
matrimonial dispute and respondent no.2 has no objection if the present FIR

is quashed even against rest of the two accused persons.

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.432/2009 registered at

Police Station R.K. Puram instituted for the offences punishable under

Sections 498A/Section406/Section509 of the IPC and consequent proceedings therefrom

are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 05, 2019
ab

CRL.M.C. 4437/2019 Page 3 of 3

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