Rohit Kumar & Ors. v. State & Anr.

Delhi High Court · 11 Dec 2019 · 2019:DHC:6893
Suresh Kumar Kait
CRL.M.C.6380/2019
2019:DHC:6893
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A and 406 IPC following an amicable settlement between the parties and withdrawal of prosecution by the complainant.

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CRL.M.C.6380/2019
HIGH COURT OF DELHI
Date of Decision: 11.12.2019
CRL.M.C. 6380/2019
ROHIT KUMAR & ORS. ..... Petitioners
Through Mr.Narender Sharma, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
Mr.R.S. Rana, Adv. with Ms.Monika Rana, Adv. for R-2.
Insp.Manmohan Tiwari, PS Rohini.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 42421/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.166/2014 dated 21.02.2014 registered at Police Station South Rohini instituted for the offences punishable under Sections 498A/406 of the IPC and consequent proceedings arising therefrom. 2019:DHC:6893

4. Notice issued.

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 24.11.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Principal Judge, Family Court (North-West), Rohini, Delhi vide settlement deed dated 02.05.2017 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by Insp.Manmohan Tiwari of Police Station Rohini 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 FIR as no useful purpose would be served in prosecuting the petitioners any further.

10. For the reasons afore-recorded, the FIR No.166/2014 dated 21.02.2014 registered at Police Station South Rohini instituted for the offences punishable under Sections 498A/406 of the IPC and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti.

JUDGE DECEMBER 11, 2019 ab