Vijay Kumar & Ors v. State & Anr

Delhi High Court · 03 Sep 2019 · 2019:DHC:4314
Suresh Kumar Kait
CRL.M.C. 1734/2019
2019:DHC:4314
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 and the complainant's withdrawal of prosecution.

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CRL.M.C. 1734/2019
HIGH COURT OF DELHI
Date of Decision: 03.09.2019
CRL.M.C. 1734/2019
VIJAY KUMAR & ORS ..... Petitioners
Through: Mr. Amit Nahata, Advocate
VERSUS
STATE & ANR ..... Respondents
Through: Mr.Panna Lal Sharma, APP for State with SI Manju, PS - Rohini
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Vide the present petition, the petitioners seek quashing of FIR No.
328/2017 dated 27.07.2017 registered at Police Station - North Rohini, Delhi for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.
Notice issued.
Notice is accepted by learned APP for the State and counsel for the respondent no.2.
With the consent of the counsel for the parties, the present petition is taken up for final disposal.
2019:DHC:4314
CRL.M.C. 1734/2019
The petitioner no.1 and respondent no.2 got married on 11.12.2011, as per Hindu rites and rituals. Two children, namely, Kashivi (5 years) and
Parth (3 years) were born out of the wedlock.
The petitioner and respondent no.2 have entered into an amicable settlement and settled all their disputes amicably.
The complainant is present in person with her counsel and has been identified by SI Manju of Police Station - Rohini and submits that matter has been settled and she does not wish to pursue 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. 328/2017 dated
27.07.2017 registered at Police Station - North Rohini, Delhi for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom are hereby quashed.
The petition is allowed accordingly.
Order dasti.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 03, 2019 PB 2019:DHC:4314