Naresh Chand & Ors vs State & Anr
2019 Latest Caselaw 4274 Del

$~53
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 12.09.2019
+      CRL.M.C. 4561/2019
       NARESH CHAND & ORS                                  ..... Petitioners
                          Through       Mr.Kuldeep Gola, Adv.

                          versus

       STATE & ANR                                         ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State.
                                        SI Sachin PS Subhash Place.
                                        Mr.J.S. Arya, Adv. with Ms.Dimple
                                        Nagpal, Adv. for complainant with
                                        complainant in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 35591/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 4561/2019

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

No.421/2016 dated 18.07.2016 registered at Police Station Subhash Place

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 10.12.2005 as

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

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

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

well wishers and relatives entered into an amicable settlement before Delhi

Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated

21.05.2019 and settled all their disputes amicably.

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

identified by SI Sachin of Police Station Subhash Place 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.421/2016 dated

18.07.2016 registered at Police Station Subhash Place instituted for the

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

proceedings therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 12, 2019/ab