Nitin Mavi & Ors vs State (Govt. Of N.C.T Of Delhi) & ...
2019 Latest Caselaw 4842 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 10.10.2019

+      CRL.M.C. 5092/2019
       NITIN MAVI & ORS                                     ..... Petitioners
                          Through       Mr.Rajesh Sherawat, Adv. with
                                        Mr.Yashpal Singh Khari, Adv.

                          versus

       STATE (GOVT. OF N.C.T OF DELHI) & ANR ..... Respondents
                     Through    Mr. Izhar Ahmad, APP for State.
                                SI Jagjeevan PS Badarpur.
                                Respondent no.2 in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 37704/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl.M.A. 37705/2019

3. In view of the reasons stated in the present application, the delay of 35

days in re-filing the petition is condoned.

4. The application is allowed and disposed of.

Crl.M.C.5092/2019

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

No.199/2016 dated 14.06.2016 registered at Police Station Badarpur

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

IPC and consequent proceedings arising therefrom.

6. Notice issued.

7. Notice is accepted by learned APP for the State and respondent no.2,

who is present in court, and with the consent of the counsel for the parties,

the present petition is taken up for final disposal.

8. The petitioner no.1 and respondent no.2 got married as per Hindu rites

and rituals.

9. 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 since October

2018 and settled all their disputes amicably.

10. The complainant is present in person and has produced Aadhar Card

issued by Government of India bearing No.947657647837 (original seen and

returned) and submits that matter has been settled and she does not wish to

prosecute the matter any further.

11. 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.

12. For the reasons afore-recorded, the FIR No.199/2016 dated

14.06.2016 registered at Police Station Badarpur instituted for the offences

punishable under Sections 498A/406/34 of the IPC and consequent

proceedings therefrom are quashed.

13. The petition is allowed accordingly.

14. Order dasti.

(SURESH KUMAR KAIT) JUDGE OCTOBER 10, 2019 ab