$~48
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 18.09.2019
+ CRL.M.C. 4701/2019
UTPAL DAS ORS ….. Petitioners
Through: Mr. Salim Alvi, Adv. with Petitioners
in person
versus
THE STATE ANR ….. Respondents
Through: Mr. Izhar Ahmad, APP for State.
Mr. Aditya Swarup Agarwal, 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.36069/2019
1. Allowed, subject to all just exceptions.
Application is disposed of.
CRL.M.C. 4701/2019
2. Vide the present petition, the petitioners seek quashing of FIR No.
541/2017 dated 13.09.2017, registered at Police Station – Ashok Nagar,
instituted for the offences punishable under Sections 498A/Section406/Section34 of the
IPC and consequent proceedings arising therefrom.
3. Notice issued.
CRL.M.C.4701/2019 Page 1 of 3
4. Notice is accepted by learned APP for the State and counsel for the
respondent no.2. Subsequently, with the consent of the counsel for the
parties, the present petition is taken up for final disposal.
5. The petitioner no.1 and respondent no.2 got married on 24.09.2014 as
per Hindu rites and rituals. One male child was born out of the wedlock
namely, Neelanjan Das. Due to extreme incompatibilities between the
petitioners and respondent no.2, they started living separately since
20.12.2015.
6. The petitioner no. 1 and respondent no.2 entered into an amicable
settlement vide memorandum of understanding dated 11.04.2019 and settled
all their disputes amicably. The total settlement amount is ₹5,00,000/-
(Rupees Five Lakhs only). It is submitted that the respondent No. 2 has
already received an amount of ₹3,00,000 (Rupees three lakhs only). A
demand draft bearing No.500469 dated 21.08.2019 for the balance amount
of ₹2,00,000/- (Rupees two lakhs only) is handed over to the respondent No.
2 today in the Court i.e. on 18.09.2019.
7. The complainant is present in person with her counsel and has been
identified by SI Chandan and submits that matter has been settled and she
does not wish to prosecute the matter any further.
CRL.M.C.4701/2019 Page 2 of 3
8. 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.
9. For the reasons afore-recorded, the FIR No. 541/2017 dated
13.09.2017, registered at Police Station – Ashok Nagar, instituted for the
offences punishable under Sections 498A/Section406/Section34 of the IPC and consequent
proceedings therefrom are quashed.
10. The petition is allowed accordingly.
11. Order dasti, under the signature of Court Master.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 18, 2019
PB
CRL.M.C.4701/2019 Page 3 of 3
