Mayur Jethani & Ors. v. State & Anr.

Delhi High Court · 11 Sep 2019 · 2019:DHC:4470
Suresh Kumar Kait
CRL.M.C. 2594/2019
2019:DHC:4470
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 matrimonial parties, holding that further prosecution would serve no useful purpose.

Full Text
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CRL.M.C. 2594/2019
HIGH COURT OF DELHI
Date of Decision: 11.09.2019
CRL.M.C. 2594/2019
MAYUR JETHANI & ORS ..... Petitioners
Through Mr.Sandeep Jain, Adv. with petitioners in person.
VERSUS
STATE & ANR ..... Respondents
Through Mr.M.S. Oberoi, APP for State.
ASI Ashok Kumar PS Moti Nagar.
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.872/2015 dated 19.10.2015 registered at Police Station Moti Nagar 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 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. 2019:DHC:4470

4. The petitioner no.1 and respondent no.2 got married on 10.05.2014. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 02.09.2014.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide settlement deed dated 28.07.2018 and settled all their disputes amicably.

6. The complainant is present in person and has been identified by ASI Ashok Kumar of Police Station Moti Nagar 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.872/2015 dated 19.10.2015 registered at Police Station Moti Nagar 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.

JUDGE SEPTEMBER 11, 2019 ab