Sh. Akil @ Aqil & Ors. v. State & Anr.

Delhi High Court · 27 Sep 2019 · 2019:DHC:4976
Suresh Kumar Kait
CRL.M.C. 4951/2019
2019:DHC:4976
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 in a matrimonial dispute.

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CRL.M.C. 4951/2019
HIGH COURT OF DELHI
Date of Decision: 27.09.2019
CRL.M.C. 4951/2019
SH. AKIL @ AQIL & ORS. ..... Petitioners
Through Mr. Sharik Ansari, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. K. K. Ghai, APP for State.
Insp. Pramod Joshi (SHO)
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 37129/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.465/16 dated 20/09/2007 registered at Police Station Gokul Puri 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 the learned APP for the State and respondent 2019:DHC:4976 no.2 in person. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 08.04.2007 as per Hindu rites and rituals. Due to extreme incompatibilities between them, they started living separately from 20.05.2015.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Delhi Mediation Centre Karkardooma Courts, Delhi vide settlement deed dated 22.09.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹3,00,000/-(Rupees Three Lakhs only). It is submitted that the Respondent No. 2 has already received an amount of ₹2 lakhs (Rupees Two Lakhs only). A demand draft bearing No.366777 dated 26.09.2019 for the balance amount of ₹1,00,000/- (Rupees One Lakh only) is handed over to respondent No. 2 today in the Court.

9. The complainant is present in person with her counsel and has been identified by Insp. Pramod Joshi, Police Station Gokul Puri and submits that the matter has been settled and she does not wish to pursue the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No.465/16 dated 20/09/2007 registered at Police Station Gokul Puri instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.

12. The petition is allowed accordingly.

13. Order dasti, under the signature of Court Master.

JUDGE SEPTEMBER 27, 2019 ms