Sh. Akil @ Aqil & Ors. vs State & Anr.
2019 Latest Caselaw 4662 Del

$~72
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                             Date of decision:27.09.2019
+      CRL.M.C. 4951/2019
       SH. AKIL @ AQIL & ORS.                              ..... Petitioners
                      Through           Mr. Sharik Ansari, Adv.

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. K. K. Ghai, APP for State.
                                        Insp. Pramod Joshi (SHO)

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL.M.A. 37129/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

CRL.M.C. 4951/2019

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

No.465/16 dated 20/09/2007 registered at Police Station Gokul Puri

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 the learned APP for the State and respondent

no.2 in person. With the consent of the counsel for the parties, the present

petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 08.04.2007 as per

Hindu rites and rituals. Due to extreme incompatibilities between them, they

started living separately from 20.05.2015.

7. Petitioner no.1 and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement before Delhi

Mediation Centre Karkardooma Courts, Delhi vide settlement deed dated

22.09.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹3,00,000/-(Rupees Three Lakhs only).

It is submitted that the Respondent No. 2 has already received an amount of

₹2 lakhs (Rupees Two Lakhs only). A demand draft bearing No.366777

dated 26.09.2019 for the balance amount of ₹1,00,000/- (Rupees One Lakh

only) is handed over to respondent No. 2 today in the Court.

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

identified by Insp. Pramod Joshi, Police Station Gokul Puri and submits that

the matter has been settled and she does not wish to pursue the matter any

further.

10. 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.

11. For the reasons afore-recorded, FIR No.465/16 dated 20/09/2007

registered at Police Station Gokul Puri instituted for the offences punishable

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

therefrom are quashed.

12. The petition is allowed accordingly.

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

(SURESH KUMAR KAIT) JUDGE SEPTEMBER 27, 2019 ms