High CourtsSingle Bench

Mohit Garg & Ors vs State & Anr

Delhi High Court · Decided on 13 September 2019 · Citation: (2019) 09 DEL CK 0260

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. 4589 Of 2019
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Judgment

15 paragraphs · 274 words

Suresh Kumar Kait, J

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 there from are quashed.

9.

The petition is allowed accordingly.

10.

Order dasti, under the signature of Court Master.