Samrat Ray & Ors. v. Govt. of NCT of Delhi & Anr.

Delhi High Court · 13 Jan 2020 · 2020:DHC:174
Suresh Kumar Kait
CRL.M.C.106/2020
2020:DHC:174
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC following an amicable settlement between the parties and the complainant's decision not to pursue prosecution.

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CRL.M.C.106/2020
HIGH COURT OF DELHI
Date of Decision: 13.01.2020
CRL.M.C. 106/2020
SAMRAT RAY & ORS ..... Petitioners
Through Mr.Akash Vajpai, Adv. with Mr.Askhay Ravi, Adv. with petitioners in person.
VERSUS
GOVT. OF NCT OF DELHI & ANR ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Akash Deep PS Roop Nagar.
Mr.Vishesh Wadhwa, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.267/2018 dated 20.12.2018 registered at Police Station Roop Nagar instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

2. Notice issued. 2020:DHC:174

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 15.12.2014 as per Hindu rites and rituals. 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 05.08.2019 and settled all their disputes amicably.

6. The complainant/respondent no.2 is present in person with her counsel and has been identified by SI Akash Deep 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 FIR as no useful purpose would be served in prosecuting the petitioners any further.

8. For the reasons afore-recorded, the FIR No.267/2018 dated 20.12.2018 registered at Police Station Roop Nagar instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

10. Order dasti.

JUDGE JANUARY 13, 2020 ab