Ashutosh Mittal & Ors v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 23 Sep 2019 · 2019:DHC:4843
Suresh Kumar Kait
CRL.M.C. 4779/2019
2019:DHC:4843
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC based on an amicable settlement between the parties and the complainant's consent to discontinue prosecution.

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CRL.M.C.3972/2019
HIGH COURT OF DELHI
Date of Decision: 23rd September, 2019
CRL.M.C. 4779/2019
ASHUTOSH MITTAL & ORS .....Petitioners
Through: Mr. V.K. Upadhyay, Advocate
VERSUS
THE STATE (GOVT. OF NCT OF DELHI)
& ANR .....Respondents
Through: Mr. Panna Lal Sharma, APP with ASI Usha
Mr. Aman Bhardwaj, Advocate for respondent No. 2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 36486/2019 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
CRL.M.C. 4779/2019

1. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 14 dated 18th January, 2019, registered at PS – Mansarovar Park, for the offences punishable under Sections 498A/406/34 IPC and all other proceedings emanating therefrom.

2. Notice issued. 2019:DHC:4843

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 present petition is filed on the ground that the parties have settled their disputes amicably and the respondent No. 2 have no objection if the present petition is allowed.

5. Respondent No. 2 is personally present in the Court with learned counsel – Mr. Aman Bhardwaj and has been identified by ASI Usha and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. The petitioners and respondent no.2 have entered into an amicable settlement vide settlement deed dated 19th February, 2019.

7. Learned counsel for the petitioner submits that the petitioner has received the total settlement amount of ₹3,00,000/- and prays that the present petition may be quashed.

8. 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.

9. For the reasons afore-recorded, the FIR No. 14 dated 18th January, 2019, registered at PS – Mansarovar Park instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings emanating therefrom are quashed.

10. Accordingly, the petition is allowed and disposed of.

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

JUDGE SEPTEMEBR 23, 2019 v