Rajeev Kapoor & Ors. vs State & Anr.
2019 Latest Caselaw 5449 Del

$~24
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                            Date of decision: 06.11.2019

+      CRL.M.C. 4209/2019 & Crl.M.A. 34318/2019
       RAJEEV KAPOOR & ORS.                           ..... Petitioners
                         Through    Mr.Deepak Vohra, Adv. with
                                    Mr.Siddhat Jain, Adv.

                         versus

       STATE & ANR.                                    ..... Respondents
                         Through    Mr. Kamal Kr. Ghei, APP for State.
                                    Mr.M.L. Yadav, Adv. with Ms.Swati
                                    Chawla, Mr.R.K. Kohli & Ms.Jyoti
                                    Kohli, Advs. 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.93/2013 registered at Police Station Kirti 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.

4. The petitioner no.1 and respondent no.2 got married on 20.04.2008 as

per Hindu rites and rituals. One female child was born out of the wedlock

namely Shelja @ Riya. Due to extreme incompatibilities between the

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

02.12.2010.

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

wishers and relatives have entered into an amicable settlement in

Counselling Cell vide settlement deed dated 20.09.2017 and settled all their

disputes amicably.

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

identified by SI Ajay of Police Station Kirti 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.93/2013 registered at

Police Station Kirti Nagar instituted for the offences punishable under

Sections 498A/406/34 of the IPC and consequent proceedings emanating

therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

10. Pending application also stands disposed of.

11. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 06, 2019 ab