CRL.M.C./4589/2019 of SH. MOHIT GARG & ORS. Vs STATE & ANR.

Court: Delhi High Court
Decision date: 2019-09-13
Bench: ROHINI DISTRICT COURTS
Case number: 4589/2019

Parties

SH. MOHIT GARG & ORS (PETITIONER)
STATE & ANR (RESPONDENT)

Cites (1)

CRL.M.C./853/2017 of NITISH KUMAR Vs STATE & ORS. (2018)

Statutes cited (1)

indian penal code (1860)

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* IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 13.09.2019

CRL.M.C. 4589/2019

SH. MOHIT GARG & ORS.

..... Petitioners Through Mr.Pradeep Kumar Sharma, Adv. with Mr.D.K. Pandey & Mr.Deepak Kumar, Advs.

versus

STATE & ANR.

..... Respondents Through Mr.Hirein Sharma, APP for State. SI Vishal Gupta, PS Vijay Vihar. Mr.Ankit Kalra, Adv. with Ms.Shivani Giri, Adv. for R-2 with R-2 in person.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

J U M N T (ORAL)

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 therefrom are quashed.

9.The petition is allowed accordingly.

10.Order dasti, under the signature of Court Master.

SEPTEMBER 13, 2019 ab

(SURESH KUMAR KAIT) JUDGE