* 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
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.
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.
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
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
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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
11. The petition is allowed accordingly.
12. Order dasti.
(SURESH KUMAR KAIT)
SEPTEMBER 05, 2019
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