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2019 Supreme(Del) 1935

SURESH KUMAR KAIT
Ajay Sehgal – Appellant
Versus
State – Respondent


Advocates:
Advocate Appeared:
Nishant Sharma, Adv., Hirein Sharma, Adv.

JUDGMENT :

Suresh Kumar Kait, J.

Crl. M.A. 35696/2019

1. Allowed, subject to all just exceptions.

Application is disposed of.

CRL.M.C. 4591/2019

2. Vide the present petition, the petitioners seek quashing of FIR No. 49/2018 dated 16.02.2018, registered at Police Station - Farsh Bazar, New Delhi instituted for the offences punishable under Sections 498A/406/34 of the IPC and consequent proceedings arising therefrom.

3. Notice.

4. 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.

5. The petitioner no.1 and respondent no.2 got married on 09.11.2013 as per Hindu rites and rituals. One girl child was born out of the wedlock, namely, Pehal Sehgal. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 13.04.2017.

6. Divorce has taken place between the petitioner No. 1 and respondent no.2 on 11.02.2019. Matter was referred to mediation centre where a settlement deed dated 08.06.2018 was executed. Total settlement amount came to Rs.4,50,000/-. It is submitted that part payment of the settlement amount is

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