Suraj Prakash Gupta & Ors. v. State & Anr.

Delhi High Court · 11 Sep 2019 · 2019:DHC:4472
Suresh Kumar Kait
CRL.M.C. 4541/2019
2019:DHC:4472
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.

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CRL.M.C. 4541/2019
HIGH COURT OF DELHI
Date of Decision: 11.09.2019
CRL.M.C. 4541/2019
SURAJ PRAKASH GUPTA & ORS. ..... Petitioner
Through Mr. Vinod Kumar Goel and Mr. Abhinav Singh, Advs.
VERSUS
STATE & ANR. ..... Respondent
Through Ms. Reema Roy with Mr. Sharad Vishnoi, Advs. for R-2
Mr. Izhar Ahmed, APP for State SI Ramesh Kumar, PS Nihal Vihar
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 508/2018 dated 07.08.2018 registered at Police Station Nihal Vihar instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

2. Notice issued. 2019:DHC:4472

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 10.03.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 05.06.2017.

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 18.12.2018 whereby total settlement amount is ₹3,00,000/-. Respondent no.2 has received ₹2,00,0000/- and the balance amount of ₹1,00,000/- has been given to respondent no.2 today in Court vide DD No. 524069 dated 26.08.2019 and settled their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Ramesh Kumar of Police Station Nihal Vihar 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. 508/2018 dated 07.08.2018 registered at Police Station Nihal Vihar instituted for the offences punishable under Sections 498A/406/509 of the IPC and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

JUDGE SEPTEMBER 11, 2019 ms