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HIGH COURT OF DELHI
Date of Decision: 01.11.2019
KRISHAN DUTT & ORS. ..... Petitioners
Through Mr.Neeraj Kumar, Adv.
Through Mr. Izhar Ahmad, APP for State.
Mr.Akshay Sharma, Adv. for R-2 with R-2 in person.
SI Gajender PS Alipur.
JUDGMENT
1. Vide the present petition, the petitioners seek quashing of FIR No.57/2016 dated 20.01.2016 registered at Police Station Alipur instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.
2. Notice issued. 2019:DHC:5660
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 son of petitioner no.1 (namely Pardeep now deceased) and respondent no.2 got married on 05.12.2012 as per Hindu rites and rituals. One female child was born out of the wedlock. 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 22.04.2019 and settled all their disputes amicably.
6. The complainant is present in person with her counsel and has been identified by SI Gajender of Police Station Alipur 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.57/2016 dated 20.01.2016 registered at Police Station Alipur instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.
9. The petition is allowed accordingly.
10. Dasti.
JUDGE NOVEMBER 01, 2019 ab