ANKUSH DABAS & ORS. v. STATE & ANR.

Delhi High Court · 21 Oct 2019 · 2019:DHC:5390
SURESH KUMAR KAIT
CRL.M.C. 5413/2019
2019:DHC:5390
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498-A, 406, 506, and 34 IPC following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.541399/2019
HIGH COURT OF DELHI
Date of Decision: 21.10.2019
CRL.M.C. 5413/2019
ANKUSH DABAS & ORS. ..... Petitioners
Through Mr.Satish K. Sansi, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
ASI Tej Pal Singh PS Sultanpuri.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.212/2017 dated 17.03.2017 registered at Police Station Sultanpuri instituted for the offences punishable under Sections 498-A/406/506/34 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:5390

4. The petitioner no.1 and respondent no.2 got married on 17.06.2014 as per Hindu rites and rituals. One child was born out of the wedlock namely Khushi Dabas. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since February 2017.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide MOU. They had started living together as husband and wife happily and settled all their disputes amicably.

6. The complainant is present in person and has been identified by ASI Tej Pal Singh 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.212/2017 dated 17.03.2017 registered at Police Station Sultanpuri instituted for the offences punishable under Sections 498-A/406/506/34 of the IPC and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

JUDGE OCTOBER 21, 2019 ab