Shri Prakash & Ors. vs State & Anr.
2019 Latest Caselaw 4122 Del

$~34
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 04.09.2019

+      CRL.M.C. 4419/2019
       SHRI PRAKASH & ORS.                              ..... Petitioners
                    Through             Mr. Swaran Kamal Singh, Adv. for P-
                                        1 to 4.

                          versus

       STATE & ANR.                                      ..... Respondents
                          Through       Mr. Izhar Ahmad, APP for State.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl.M.A. 35025/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

Crl.M.C.4419/2019 & Crl.M.A. 35024/2019

3. Vide the present petition, the petitioners seek quashing of FIR No.

263/2014 registered at Police Station Mian Wali 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 22.11.2004.

Due to extreme incompatibilities between the petitioners and respondent

no.2, they started living separately from 11.06.2012.

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

well wishers and relatives entered into an amicable settlement before the

Delhi Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

06.01.2015 whereby they settled all their disputes amicably and started

living together as husband and wife, to discharge their matrimonial

obligations against each other.

8. The complainant/respondent no.2 is present in person and has

produced her Voter ID Card issued by Election Commission of India bearing

No.IPN2456761 (Original Seen and Returned) 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

petitioners any further.

10. For the reasons afore-recorded, the FIR No. 263/2014 registered at

Police Station Mian Wali instituted for the offences punishable under

Sections 498A/406/34 of the IPC and consequent proceedings are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

13. Pending application also stands disposed of.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 04, 2019 ab