Rohit Rana & Ors. v. State & Anr.

Delhi High Court · 12 Sep 2019 · 2019:DHC:4506
Suresh Kumar Kait
CRL.M.C. 4578/2019
2019:DHC:4506
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 509 IPC following an amicable settlement between the parties in a matrimonial dispute, holding that further prosecution would serve no useful purpose.

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CRL.M.C. 4578/2019
HIGH COURT OF DELHI
Date of Decision: 12.09.2019
CRL.M.C. 4578/2019
ROHIT RANA & ORS. ..... Petitioners
Through: Ms. Anu Sharma, Mr. Prince Gupta and Mr. Anshul Garg and Mr. Rukban Tyagi, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.M.S. Oberoi, APP for State with SI Ravi Rana
Mr. Jayant Dabas and Mr. Nitesh, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 35644/2019
Allowed, subject to all just exceptions.
Application is disposed of.
Vide the present petition, the petitioners seek quashing of FIR No.
32/2016, dated 21.01.2016, registered at Police Station – Bawana (Outer) for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.
2019:DHC:4506 Notice.
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.
The petitioner no.1 and respondent No.2 got married on 10.03.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner No. 1 and respondent No.2, they started living separately from
13.12.2015.
The petitioners and respondent No.2 entered into an amicable settlement vide compromise deed dated 09.03.2018 and settled all their disputes amicably. The total settlement amount is Rs.6,50,000/-, out of which Rs.4,50,000/- have already been paid and a demand draft bearing No.
427798 dated 20.08.2019 for the balance amount of Rs.2 lakhs, in favour of
Jyoti/ respondent No. 2 has been handed over to her today in the Court.
The complainant is present in person with her counsel and has been identified by SI Ravi Rana of Police Station - Bawana and submits that the matter has been settled and she does not wish to prosecute the matter any further.
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.
For the reasons afore-recorded, the FIR No. 32/2016 dated 21.01.2016 registered at Police Station - Bawana (Outer) for the offences punishable under Sections 498A/406/509 of the IPC and consequent proceedings therefrom are quashed.
The petition is allowed accordingly.
Copy of this order be given dasti under the signatures of Court
Master.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 12, 2019 PB