Dharmender Kumar Sahu v. State of NCT of Delhi & Anr.

Delhi High Court · 24 Sep 2019 · 2019:DHC:4873
Suresh Kumar Kait
CRL.M.C. 4827/2019
2019:DHC:4873
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. 4827/2019
HIGH COURT OF DELHI
Date of Decision: 24.09.2019
CRL.M.C. 4827/2019
DHARMENDER KUMAR SAHU ..... Petitioner
Through Mr. Abhay Kumar with Mr. Surender Kumar, Advs.
VERSUS
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State Mr. Ashok Kumar Verma, Adv. for
R-2 with respondent no.2 in person SI Mukesh Kumar, PS Govind puri
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 36702/2019(Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of. CRL.M.C. 4827/201

3. Vide the present petition, the petitioner seeks quashing of FIR No.1209/15 dated 15/09/2015 registered at Police Station - Govind Puri, Distt. South East, New Delhi for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom. 2019:DHC:4873

4. Notice issued.

5. 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.

6. Petitioner no.1 and respondent no.2 got married as per Hindu rites and rituals. Two children were born out of the wedlock.

7. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

8. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Mediation Centre, Saket Court New Delhi vide settlement deed dated 09.07.2019 and settled all their disputes amicably.

9. The complainant is present in person with her counsel and has been identified by SI Mukesh Kumar of Police Station Govind Puri. She 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 petitioner any further.

11. For the reasons afore-mentioned, FIR No. 1209/15 dated 15/09/2015 registered at Police Station-Govind Puri, Distt. South East, New Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom are quashed.

12. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 24, 2019 ms