High CourtsSingle Bench

Rajeev Kapoor & Ors vs State & Anr

Delhi High Court · Decided on 6 November 2019 · Citation: (2019) 11 DEL CK 0085

HON’BLE JUDGES
Suresh Kumar Kait, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 406, 498A
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 4209 Of 2019, Criminal Miscellaneous Application No. 34318 Of 2019
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Judgment

12 paragraphs · 277 words

Suresh Kumar Kait, J

1.

Vide the present petition, the petitioners seek quashing of FIR No.93/2013 registered at Police Station Kirti 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 20.04.2008 as per Hindu rites and rituals. One female child was born out of the wedlock namely Shelja @ Riya. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 02.12.2010.

5.

The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement in Counselling Cell vide settlement deed dated 20.09.2017 and settled all their disputes amicably.

6.

The complainant is present in person with her counsel and has been identified by SI Ajay of Police Station Kirti 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.93/2013 registered at Police Station Kirti Nagar 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.

Pending application also stands disposed of.

11.

Order dasti.