High CourtsSingle Bench(2019) 12 DEL CK 0160

Jitender Chawla & Ors vs State Of N.C.T Of Delhi & Anr

Delhi High Court · Decided on 11 December 2019

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 4863 Of 2019

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Judgment

11 paragraphs · 260 words

Suresh Kumar Kait, J

1.

Vide the present petition, the petitioners seek quashing of FIR No. 428/2013 dated 27.12.2013 registered at Police Station D.B.G. Road 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 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 10.12.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 05.09.2012.

5.

The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Family Courts (Central) Tis Hazari Courts, Delhi vide settlement deed dated 09.09.2014 and settled all their disputes amicably.

6.

The complainant is present in person with her counsel and has been identified by SI Om Prakash 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. 428/2013 dated 27.12.2013 registered at Police Station D.B.G. Road instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings emanating therefrom are quashed.

9.

The petition is allowed and disposed of accordingly.

10.

Order dasti.