Suraj Prakash Gupta & Ors. vs State & Anr.
2019 Latest Caselaw 4238 Del

$~44
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                              Date of decision: 11.09.2019

+      CRL.M.C. 4541/2019
       SURAJ PRAKASH GUPTA & ORS.             ..... Petitioner
                    Through  Mr. Vinod Kumar Goel and Mr.
                             Abhinav Singh, Advs.

                         versus

       STATE & ANR.                                     ..... Respondent
                         Through     Ms. Reema Roy with Mr. Sharad
                                     Vishnoi, Advs. for R-2
                                     Mr. Izhar Ahmed, APP for State
                                     SI Ramesh Kumar, PS Nihal Vihar


       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.

508/2018 dated 07.08.2018 registered at Police Station Nihal Vihar

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 10.03.2016

as per Hindu rites and rituals. Due to extreme incompatibilities between the

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

05.06.2017.

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

18.12.2018 whereby total settlement amount is ₹3,00,000/-. Respondent

no.2 has received ₹2,00,0000/- and the balance amount of ₹1,00,000/- has

been given to respondent no.2 today in Court vide DD No. 524069 dated

26.08.2019 and settled their disputes amicably.

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

identified by SI Ramesh Kumar of Police Station Nihal Vihar 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. 508/2018 dated

07.08.2018 registered at Police Station Nihal Vihar instituted for the

offences punishable under Sections 498A/406/509 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 ms