Ashok Solanki vs State & Anr.
2019 Latest Caselaw 4891 Del

$~72
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 14.10.2019

+      CRL.M.C. 5212/2019
       ASHOK SOLANKI                                       ..... Petitioner
                          Through       Mr.Pradeep Kumar, Adv.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through       Mr.Panna Lal Sharma, APP for State.
                                        Mr.Rakesh Sharma, Adv. for R-2
                                        with R-2 in person.
                                        ASI Devender Singh PS Aman Vihar.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 38049/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 5212/2019

3. Vide the present petition, the petitioner seeks quashing of FIR

No.333/2019 dated 17.07.2019 registered at Police Station Aman Vihar

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

IPC and consequent proceedings arising therefrom.

4. Notice issued.

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 10.10.2003 as

per Hindu rites and rituals. Two children were born out of the wedlock

namely Parsant and Ayush. Due to extreme incompatibilities between the

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

30.04.2016.

7. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 07.08.2019 and settled all their disputes amicably.

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

identified by ASI Devender Singh of Police Station Aman Vihar and

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

matter any further.

9. 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

petitioner any further.

10. For the reasons afore-recorded, the FIR No.333/2019 dated

17.07.2019 registered at Police Station Aman Vihar instituted for the

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

proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE OCTOBER 14, 2019 ab