Nitin Mavi & Ors v. State (Govt. of N.C.T of Delhi) & Anr

Delhi High Court · 10 Oct 2019 · 2019:DHC:5135
Suresh Kumar Kait
CRL.M.C.5092/2019
2019:DHC:5135
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 married parties, holding that further prosecution would serve no useful purpose.

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CRL.M.C.5092/2019
HIGH COURT OF DELHI
Date of Decision: 10.10.2019
CRL.M.C. 5092/2019
NITIN MAVI & ORS ..... Petitioners
Through Mr.Rajesh Sherawat, Adv. with Mr.Yashpal Singh Khari, Adv.
VERSUS
STATE (GOVT. OF N.C.T OF DELHI) & ANR ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Jagjeevan PS Badarpur.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 37704/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. Crl.M.A. 37705/2019

3. In view of the reasons stated in the present application, the delay of 35 days in re-filing the petition is condoned.

4. The application is allowed and disposed of. 2019:DHC:5135 Crl.M.C.5092/2019

5. Vide the present petition, the petitioners seek quashing of FIR No.199/2016 dated 14.06.2016 registered at Police Station Badarpur instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

6. Notice issued.

7. Notice is accepted by learned APP for the State and respondent no.2, who is present in court, and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

8. The petitioner no.1 and respondent no.2 got married as per Hindu rites and rituals.

9. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement by mutual consent. They had started living together as husband and wife happily since October 2018 and settled all their disputes amicably.

10. The complainant is present in person and has produced Aadhar Card issued by Government of India bearing No.947657647837 (original seen and returned) and submits that matter has been settled and she does not wish to prosecute the matter any further.

11. 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.

12. For the reasons afore-recorded, the FIR No.199/2016 dated 14.06.2016 registered at Police Station Badarpur instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.

13. The petition is allowed accordingly.

14. Order dasti.

JUDGE OCTOBER 10, 2019 ab