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Krishan Dutt & Ors. vs State & Anr. on 1 November, 2019

$~6
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 01.11.2019

+ CRL.M.C. 5240/2019
KRISHAN DUTT ORS. ….. Petitioners
Through Mr.Neeraj Kumar, Adv.

versus

STATE ANR. ….. Respondents
Through Mr. Izhar Ahmad, APP for State.
Mr.Akshay Sharma, Adv. for R-2
with R-2 in person.
SI Gajender PS Alipur.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR

No.57/2016 dated 20.01.2016 registered at Police Station Alipur instituted

for the offences punishable under Sections 498A/Section406/Section34 of the IPC and

consequent proceedings arising therefrom.

2. Notice issued.

CRL.M.C.5240/2019 Page 1 of 3

3. 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.

4. The son of petitioner no.1 (namely Pardeep now deceased) and

respondent no.2 got married on 05.12.2012 as per Hindu rites and rituals.

One female child was born out of the wedlock. Due to extreme

incompatibilities between the petitioners and respondent no.2, they started

living separately.

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

well wishers and relatives entered into an amicable settlement vide

settlement deed dated 22.04.2019 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been

identified by SI Gajender of Police Station Alipur and submits that matter

has been settled and she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, the FIR No.57/2016 dated 20.01.2016

registered at Police Station Alipur instituted for the offences punishable

CRL.M.C.5240/2019 Page 2 of 3
under Sections 498A/Section406/Section34 of the IPC and consequent proceedings

therefrom are quashed.

9. The petition is allowed accordingly.

10. Dasti.

(SURESH KUMAR KAIT)
JUDGE
NOVEMBER 01, 2019
ab

CRL.M.C.5240/2019 Page 3 of 3

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