Sh. Mohit Garg & Ors. v. State & Anr.

Delhi High Court · 13 Sep 2019 · 2019:DHC:4553
Suresh Kumar Kait
CRL.M.C. 4589/2019
2019:DHC:4553
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.

Full Text
Translation output
CRL.M.C. 4589/2019
HIGH COURT OF DELHI
Date of Decision: 13.09.2019
CRL.M.C. 4589/2019
SH. MOHIT GARG & ORS. ..... Petitioners
Through Mr.Pradeep Kumar Sharma, Adv. with Mr.D.K. Pandey & Mr.Deepak
Kumar, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Hirein Sharma, APP for State.
SI Vishal Gupta, PS Vijay Vihar.
Mr.Ankit Kalra, Adv. with Ms.Shivani Giri, Adv. for R-2 with R-
2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl.M.A.35694/2019 (Exemption)
Allowed, subject to all just exceptions.
This application is, accordingly, disposed of.

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No.1146/2014 dated 06.10.2014, registered at PS – Vijay Vihar, for the offences punishable under Sections 498A/406/34 IPC and all 2019:DHC:4553 other proceedings emanating therefrom.

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 no.1 and respondent no.2 got married on 12.02.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Delhi Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated 10.04.2017.

6. The complainant is present in person with her counsel and has been identified by SI Vishal Gupta of Police Station Vijay Vihar and submits that the 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.1146/2014 dated 06.10.2014, registered at PS – Vijay Vihar, for the offences punishable under Sections 498A/406/34 IPC and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 13, 2019 ab