Reena v. State

Delhi High Court · 23 Sep 2019 · 2019:DHC:4842
Suresh Kumar Kait
CRL.M.C. 4782/2019
2019:DHC:4842
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 325/34 IPC following an amicable settlement between the married parties and the complainant's consent to discontinue prosecution.

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CRL.M.C.4782 /2019
HIGH COURT OF DELHI
Date of Decision: 23rd September, 2019
CRL.M.C. 4782/2019
SMT. REENA & ORS. .....Petitioners
Through: Ms. Suman Tanwar, Advocate
VERSUS
STATE & ANR. .....Respondents
Through: Mr. Izhar Ahmed, APP for State with SI Manjeet, PS Kanjahwal
Mr. Manish Kumar, Advocate for respondent No.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 36489/2019 (Exemption)
Allowed, subject to all just exceptions.
Application is disposed of.
CRL.M.C. 4782/2019

1. Vide the present petition, the petitioners seek direction thereby quashing FIR No. 139/2015 dated 17th February, 2015, registered at PS Kanjhawala for the offences punishable under Sections 325/34 of the IPC and consequent proceedings arising therefrom. 2019:DHC:4842

2. Notice issued.

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 petitioner and respondent no.2 got married on 28th November, 2011 as per Hindu rites and rituals.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement orally. Since May, 2016, they have started living together as husband and wife happily and settled all their disputes amicably.

6. The respondent No. 2/complainant is present in person with his counsel and has been identified by SI Manjeet of Police Station Kanjahwala and submits that matter has been settled and he 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. 139/2015 dated 17th February, 2015, registered at PS Kanjhawala, instituted for the offences punishable under Sections 325/34 of the IPC and consequent proceedings emanating therefrom are quashed.

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

10. Order dasti.

JUDGE SEPTEMEBR 23, 2019 v