Jitender Chawla & Ors. v. State of N.C.T of Delhi & Anr.

Delhi High Court · 11 Dec 2019 · 2019:DHC:6892
Suresh Kumar Kait
CRL.M.C.4863/2019
2019:DHC:6892
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 in a matrimonial dispute, holding that continuing prosecution would serve no useful purpose.

Full Text
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CRL.M.C.4863/2019
HIGH COURT OF DELHI
Date of Decision: 11.12.2019
CRL.M.C. 4863/2019
JITENDER CHAWLA & ORS ..... Petitioners
Through Mr.Dharam Raj Ohlar, Adv. with Mr.Manpreet Singh, Adv.
VERSUS
STATE OF N.C.T OF DELHI & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Om Prakash, V.P. House/Sec.
SI Amit Tyagi PS D.B.G. Road.
R-2 present in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 428/2013 dated 27.12.2013 registered at Police Station D.B.G. Road instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2019:DHC:6892

4. The petitioner no.1 and respondent no.2 got married on 10.12.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 05.09.2012.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Family Courts (Central) Tis Hazari Courts, Delhi vide settlement deed dated 09.09.2014 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Om Prakash 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. 428/2013 dated 27.12.2013 registered at Police Station D.B.G. Road 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 DECEMBER 11, 2019 ab