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Akil @ Aqil & Ors vs State & Anr

Delhi High Court · Decided on 27 September 2019 · Citation: (2019) 09 DEL CK 0408

HON’BLE JUDGES
Suresh Kumar Kait, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4951 Of 2019
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Judgment

16 paragraphs · 340 words

Suresh Kumar Kait, J

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 Rs. 3,00,000/-(Rupees Three Lakhs only). It is submitted that the Respondent No. 2 has already received an amount of Rs. 2 lakhs (Rupees Two Lakhs only). A demand draft bearing No.366777 dated 26.09.2019 for the balance amount of Rs. 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.