Mayur Jethani & Ors vs State & Anr
2019 Latest Caselaw 4237 Del

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

                                                   Date of decision: 11.09.2019

+      CRL.M.C. 2594/2019
       MAYUR JETHANI & ORS                                  ..... Petitioners
                           Through       Mr.Sandeep Jain, Adv. with
                                         petitioners in person.

                           versus

       STATE & ANR                                         ..... Respondents
                           Through       Mr.M.S. Oberoi, APP for State.
                                         ASI Ashok Kumar PS Moti Nagar.
                                         Respondent no.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.872/2015 dated 19.10.2015 registered at Police Station Moti 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 10.05.2014.

Due to extreme incompatibilities between the petitioners and respondent

no.2, they started living separately from 02.09.2014.

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

wishers and relatives entered into an amicable settlement before Delhi

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

28.07.2018 and settled all their disputes amicably.

6. The complainant is present in person and has been identified by ASI

Ashok Kumar of Police Station Moti 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.872/2015 dated

19.10.2015 registered at Police Station Moti Nagar instituted for the

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

proceedings therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 11, 2019 ab