Rajeev Kapoor & Ors. v. State & Anr.

Delhi High Court · 06 Nov 2019 · 2019:DHC:5769
Suresh Kumar Kait
CRL.M.C.4209/2019
2019:DHC:5769
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement between the parties and withdrawal of prosecution.

Full Text
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CRL.M.C.4209/2019
HIGH COURT OF DELHI
Date of Decision: 06.11.2019
CRL.M.C. 4209/2019 & Crl.M.A. 34318/2019
RAJEEV KAPOOR & ORS. ..... Petitioners
Through Mr.Deepak Vohra, Adv. with Mr.Siddhat Jain, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Kamal Kr. Ghei, APP for State.
Mr.M.L. Yadav, Adv. with Ms.Swati Chawla, Mr.R.K. Kohli & Ms.Jyoti
Kohli, Advs. 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.93/2013 registered at Police Station Kirti Nagar instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

2. Notice issued. 2019:DHC:5769

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 20.04.2008 as per Hindu rites and rituals. One female child was born out of the wedlock namely Shelja @ Riya. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 02.12.2010.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement in Counselling Cell vide settlement deed dated 20.09.2017 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Ajay of Police Station Kirti Nagar 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.93/2013 registered at Police Station Kirti 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. Pending application also stands disposed of.

11. Order dasti.

JUDGE NOVEMBER 06, 2019 ab