Dhiraj Kumar Arora & Ors. v. State & Anr.

Delhi High Court · 11 Dec 2019 · 2019:DHC:6894
Suresh Kumar Kait
CRL.M.C.6391/2019
2019:DHC:6894
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 prosecute.

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CRL.M.C.6391/2019
HIGH COURT OF DELHI
Date of Decision: 11.12.2019
CRL.M.C. 6391/2019
DHIRAJ KUMAR ARORA & ORS. ..... Petitioners
Through Mr.Lakhsana Oberoi, Adv. with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
W/ASI Roshni Sharma PS CWC Nanak Pura with complainant in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 42448/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.107/2015 dated 24.09.2015 registered at Police Station CWC Nanak 2019:DHC:6894 Pura instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 30.04.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 01.12.2015.

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 03.06.2019 and settled all their disputes amicably.

8. The complainant is present in person and has been identified by W/ASI Roshni Sharma 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 concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

10. For the reasons afore-recorded, the FIR No.107/2015 dated 24.09.2015 registered at Police Station CWC Nanak Pura instituted for the offences punishable under Sections 498A/406/34 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