Sh. Mohit Garg & Ors. vs State & Anr.
2019 Latest Caselaw 4309 Del

$~48
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 13.09.2019

+      CRL.M.C. 4589/2019
       SH. MOHIT GARG & ORS.                               ..... Petitioners
                          Through      Mr.Pradeep Kumar Sharma, Adv.
                                       with Mr.D.K. Pandey & Mr.Deepak
                                       Kumar, Advs.

                          versus

       STATE & ANR.                                      ..... Respondents
                          Through      Mr.Hirein Sharma, APP for State.
                                       SI Vishal Gupta, PS Vijay Vihar.
                                       Mr.Ankit Kalra, Adv. with
                                       Ms.Shivani Giri, Adv. for R-2 with R-
                                       2 in person.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl.M.A.35694/2019 (Exemption) Allowed, subject to all just exceptions. This application is, accordingly, disposed of. CRL.M.C. 4589/2019

1. Vide the present petition, the petitioner seeks direction thereby

quashing FIR No.1146/2014 dated 06.10.2014, registered at PS - Vijay

Vihar, for the offences punishable under Sections 498A/406/34 IPC and all

other proceedings emanating 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 12.02.2012 as

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

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

5. The petitioner 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

10.04.2017.

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

identified by SI Vishal Gupta of Police Station Vijay Vihar and submits that

the 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.1146/2014 dated

06.10.2014, registered at PS - Vijay Vihar, for the offences punishable

under Sections 498A/406/34 IPC and consequent proceedings therefrom are

quashed.

9. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 13, 2019 ab