High CourtsSingle Bench

Mayur Jethani & Ors vs State & Anr

Delhi High Court · Decided on 11 September 2019 · Citation: (2019) 09 DEL CK 0063

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. 2594 Of 2019
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Judgment

11 paragraphs · 253 words

Suresh Kumar Kait, J

1.

Vide the present petition, the petitioners seek quashing of FIR No.872/2015 dated 19.10.2015 registered at Police Station Moti Nagar 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 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 10.05.2014. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 02.09.2014.

5.

The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Delhi Mediation Centre, Tis Hazari Courts, Delhi, vide settlement deed dated 28.07.2018 and settled all their disputes amicably.

6.

The complainant is present in person and has been identified by ASI Ashok Kumar of Police Station Moti Nagar 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.872/2015 dated 19.10.2015 registered at Police Station Moti Nagar instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings therefrom are quashed.

9.

The petition is allowed accordingly.

10.

Order dasti.