High CourtsSingle Bench

Sunil Bhalla & Ors vs State & Anr

Delhi High Court · Decided on 27 September 2019 · Citation: (2019) 09 DEL CK 0406

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. 4931 Of 2019
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Judgment

12 paragraphs · 325 words

Suresh Kumar Kait, J

1.

Vide the present petition, the petitioners seek quashing of FIR No. 20/2017 dated 11/01/2017 registered at Police Station Binda Pur 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 respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

4.

Petitioner no.1 and respondent no.2 got married on 29.04.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between them, they started living separately.

5.

The petitioner No. 1 and respondent no.2 with the intervention of their well wishers and relatives entered into a settlement before the Meditation Centre, Dwarka Courts, Delhi on 15.05.2019 wherein they settled all their disputes amicably.

6.

The complainant is present in person with her counsel and has been identified by SHO Anil Kumar of Police Station Binda Pur. She submits that the matter has been settled and she does not wish to pursue the matter any further.

7.

The total settlement amount is Rs. 5,07,000/-(Rupees (Five Lakhs Seven Thousand only). It is submitted that respondent No. 2 has already received an amount of Rs. 4,07,000/- (Rupees Four Lakhs and Seven Thousand Only). A demand draft bearing No.240809 dated 20.09.2019 for the balance amount of Rs. 1,00,000/- (Rupees One Lakh only) is handed over to respondent No. 2 today in the Court.

8.

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.

9.

For the reasons afore-recorded, the FIR No. 20/2017 dated 11/01/2017 registered at Police Station Binda Pur instituted for the offences punishable under Sections 498A/406/509 of the IPC and consequent proceedings therefrom are quashed.

10.

The petition is allowed accordingly.

11.

Order dasti, under the signature of Court Master.