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Sh. Mohit Garg & Ors. vs State & Anr. on 13 September, 2019

$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13.09.2019

+ CRL.M.C. 4589/2019
SH. MOHIT GARG ORS. ….. Petitioners
Through Mr.Pradeep Kumar Sharma, Adv.
with Mr.D.K. Pandey Mr.Deepak
Kumar, Advs.

versus

STATE ANR. ….. Respondents
Through Mr.Hirein Sharma, APP for State.
SI Vishal Gupta, PS Vijay Vihar.
Mr.Ankit Kalra, Adv. with
Ms.Shivani Giri, Adv. for R-2 with R-
2 in person.

CORAM:
HON’BLE MR. JUSTICE SURESH KUMAR KAIT

J U D G M E N T (ORAL)

Crl.M.A.35694/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.
CRL.M.C. 4589/2019

1. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No.1146/2014 dated 06.10.2014, registered at PS – Vijay

Vihar, for the offences punishable under Sections 498A/Section406/Section34 IPC and all

CRL.M.C. 4589/2019 Page 1 of 3
other proceedings emanating 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.

4. The petitioner no.1 and respondent no.2 got married on 12.02.2012 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately.

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

wishers and relatives entered into an amicable settlement before Delhi

Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated

10.04.2017.

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

identified by SI Vishal Gupta of Police Station Vijay Vihar and submits that

the 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.

CRL.M.C. 4589/2019 Page 2 of 3

8. For the reasons afore-recorded, the FIR No.1146/2014 dated

06.10.2014, registered at PS – Vijay Vihar, for the offences punishable

under Sections 498A/Section406/Section34 IPC and consequent proceedings therefrom are

quashed.

9. The petition is allowed accordingly.

10. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 13, 2019
ab

CRL.M.C. 4589/2019 Page 3 of 3

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