Amrit Lal v. The State

Delhi High Court · 20 Sep 2019 · 2019:DHC:4763
Suresh Kumar Kait
CRL.M.C. 2121/2019
2019:DHC:4763
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of an amicable settlement between the parties and the complainant's unwillingness to prosecute further.

Full Text
Translation output
CRL.M.C. 2121/2019
HIGH COURT OF DELHI
Date of Decision: 20.09.2019
CRL.M.C. 2121/2019
AMRIT LAL & ANR ..... Petitioners
Through Mr. R. P. Tomar, Adv.
VERSUS
THE STATE & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State Ms. Rekha, respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 658/2015 dated 27.03.2015 registered at Police Station Shakarpur, Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and respondent no.2 who is present in person and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2019:DHC:4763

4. The marriage of the son (now deceased) of the petitioners and respondent no.2 was got solemnized on 22.01.2016 as per Hindu rites and rituals. One child was born out of the wedlock on 23.03.2007. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 30.03.2014

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 26.10.2015 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Rahul of Police Station Shakarpur, Delhi and submits that matter has been settled and she 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. 658/2015 dated 27.03.2015 registered at Police Station Shakarpur, Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 20, 2019 ms