Jakir Hussain & Ors. vs State & Anr.
2019 Latest Caselaw 6570 Del

$~61
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision: 16.12.2019

+      CRL.M.C. 6475/2019
       JAKIR HUSSAIN & ORS.                           ..... Petitioners
                        Through     Mr.Anoop Kumar Pandey, Adv .

                        versus

       STATE & ANR.                                    ..... Respondents
                        Through     Mr. Izhar Ahmad, APP for State.
                                    ASI Ramesh Kumar Spl. Branch.
                                    Mr.Shahid Ali Chhayer, Adv. for R-2
                                    with R-2 in person.

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                        J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR

No.174/2016 dated 21.04.2016 registered at Police Station Kanjhawala

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.

4. The petitioner no.1 and respondent no.2 got married on 01.03.2013 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately from

27.10.2014.

5. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement by mutual consent.

They had started living together as husband and wife happily and settled all

their disputes amicably.

6. The complainant is present in person with her counsel and has been

identified by ASI Ramesh Kumar 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 FIR as no useful purpose would be served in prosecuting the petitioners

any further.

8. For the reasons afore-recorded, the FIR No.174/2016 dated

21.04.2016 registered at Police Station Kanjhawala and consequent

proceedings emanating therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

10. Order dasti

(SURESH KUMAR KAIT) JUDGE DECEMBER 16, 2019 ab