Dr. Sidharth Nayak & Ors. vs State & Anr.
2019 Latest Caselaw 5496 Del

$~45
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 07.11.2019

+      CRL.M.C. 5694/2019
       DR. SIDHARTH NAYAK & ORS.                           ..... Petitioners
                          Through       Ms. Indu, Adv. with petitioners in
                                        person
                          versus
       STATE & ANR.                                       ..... Respondents
                          Through       Mr. K K Ghai, APP for State
                                        SI Leela Ram, PS Uttam Nagar
                                        Mr. Mani Kaul, 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)

Crl. M.A. 39866/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5694/2019 Vide the present petition, the petitioners seek quashing of FIR

No.1169/2018 dated 13.12.2018 registered at Police Station Uttam Nagar

instituted for the offences punishable under Sections 498A/406/34 of the

IPC and consequent proceedings arising therefrom.

3. Notice issued.

4. 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.

5. The petitioner no.1 and respondent no.2 got married on 06.02.2013

as per Hindu rites and rituals and no child was born out of the wedlock. Due

to extreme incompatibilities between the petitioners and respondent no.2,

they started living separately since 27.05.2018.

6. The petitioner no.1 and respondent no.2 with the intervention of their

well wishers and relatives have settled all their disputes amicably.

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

identified by SI Leela Ram of Police Station Uttam Nagar and submits that

matter has been settled and she does not wish to prosecute the matter any

further. She admits having received the settled amount of ₹2 lacs by way of

a demand draft No.633279, dated 12.09.2019 drawn on Indian Bank,

towards full and final settlement of all her claims from the petitioners.

8. 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.

9. For the reasons afore-recorded, the FIR No. 1169/2018 dated

13.12.2018 registered at Police Station Uttam Nagar instituted for the

offences punishable under Sections 498A/406/34 IPC and consequent

proceedings emanating therefrom are quashed.

10. The petition is allowed accordingly.

11. Order dasti, under the signature of Court Master.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 07, 2019 sm