Shri Prakash & Ors. v. State & Anr.

Delhi High Court · 04 Sep 2019 · 2019:DHC:4342
Suresh Kumar Kait
CRL.M.C. 4419/2019
2019:DHC:4342
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Sections 498A, 406, and 34 IPC on the ground of amicable settlement and withdrawal of complaint in a matrimonial dispute.

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Translation output
CRL.M.C. 4419/2019
HIGH COURT OF DELHI
Date of Decision: 04.09.2019
CRL.M.C. 4419/2019
SHRI PRAKASH & ORS. ..... Petitioners
Through Mr. Swaran Kamal Singh, Adv. for P- 1 to 4.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl.M.A. 35025/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of. Crl.M.C.4419/2019 & Crl.M.A. 35024/2019

3. Vide the present petition, the petitioners seek quashing of FIR NO. 263/2014 registered at Police Station Mian Wali instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:4342

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 22.11.2004. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 11.06.2012.

7. The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated 06.01.2015 whereby they settled all their disputes amicably and started living together as husband and wife, to discharge their matrimonial obligations against each other.

8. The complainant/respondent no.2 is present in person and has produced her Voter ID Card issued by Election Commission of India bearing No.IPN2456761 (Original Seen and Returned) and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. 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.

10. For the reasons afore-recorded, the FIR No. 263/2014 registered at Police Station Mian Wali instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

13. Pending application also stands disposed of.

JUDGE SEPTEMBER 04, 2019 ab