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Mohd. Rasheed & Ors. vs State & Anr. on 4 September, 2019

$~36
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 04.09.2019

+ CRL.M.C. 4424/2019
MOHD. RASHEED ORS. ….. Petitioners
Through Mr.Manish Kapoor, Adv.

versus

STATE ANR. ….. Respondents
Through Mr.M.S. Oberoi, APP for State.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)

Crl. M.A. 35045/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.4424/2019

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

No.1352/2015 dated 20.09.2015 registered at Police Station Neb Sarai

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

IPC and consequent proceedings arising therefrom.

4. Notice issued.

CRL.M.C. 4424/2019 Page 1 of 3

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 31.01.2011.

Due to extreme incompatibilities between the petitioners and respondent

no.2, they started living separately from 18.06.2011.

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

wishers and relatives entered into an amicable settlement before Mediation

Centre, Saket Courts, New Delhi vide settlement deed dated 27.02.2019 and

settled all their disputes amicably.

8. The complainant/respondent no.2 is present in person and has

produced her Aadhar Card bearing No.935840745245 (Original Seen and

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

prosecute the matter any further.

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.1352/2015 dated

20.09.2015 registered at Police Station Neb Sarai instituted for the offences

CRL.M.C. 4424/2019 Page 2 of 3
punishable under Sections 498A/Section406/Section509 of the IPC and consequent

proceedings are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 04, 2019
ab

CRL.M.C. 4424/2019 Page 3 of 3

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