* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 11.09.2019
+ CRL.M.C. 2594/2019
MAYUR JETHANI ORS ….. Petitioners
Through Mr.Sandeep Jain, Adv. with
petitioners in person.
STATE ANR ….. Respondents
Through Mr.M.S. Oberoi, APP for State.
ASI Ashok Kumar PS Moti Nagar.
Respondent no.2 in person.
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.872/2015 dated 19.10.2015 registered at Police Station Moti Nagar
instituted for the offences punishable under Sections 498A/Section406/Section34 of the
IPC and consequent proceedings arising therefrom.
2. Notice issued.
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.
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4. The petitioner no.1 and respondent no.2 got married on 10.05.2014.
Due to extreme incompatibilities between the petitioners and respondent
no.2, they started living separately from 02.09.2014.
5. The petitioners and respondent no.2 with the intervention of their well
wishers and relatives entered into an amicable settlement before Delhi
Mediation Centre, Tis Hazari Courts, Delhi, vide settlement deed dated
28.07.2018 and settled all their disputes amicably.
6. The complainant is present in person and has been identified by ASI
Ashok Kumar of Police Station Moti Nagar 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.872/2015 dated
19.10.2015 registered at Police Station Moti Nagar instituted for the
offences punishable under Sections 498A/Section406/Section34 of the IPC and consequent
proceedings therefrom are quashed.
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9. The petition is allowed accordingly.
10. Order dasti.
(SURESH KUMAR KAIT)
SEPTEMBER 11, 2019
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