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* 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