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2021 Supreme(Del) 1779

SURESH KUMAR KAIT
Shanwaz – Appellant
Versus
State (Govt Of NCT) – Respondent


Advocates appeared:
Farhim Khan, Advocate, Nasimuddin, Advocate, Izhar Ahmed, Advocate, Kunwar Narendera, Advocate

JUDGMENT

Suresh Kumar Kait, J. - Vide this petition, petitioners are seeking quashing of FIR No.139/2017, under Sections 498A/406/34 IPC, registered at police station Gokul Puri, New Delhi.

2. Notice issued.

3. Mr. Izhar Ahmed, learned Additional Public Prosecutor for State accepts notice and submits that respondent No.2 is present in the Court and she has been identified as the complainant of FIR in question by the Investigating Officer of this case, who is also present in the Court.

4. With the consent of the parties, the present petition is taken up for final hearing.

5. The marriage between petitioner No.1/husband and respondent No.2/wife was solemnized on 25.02.2015 as per Muslim Rites and Customs and due to temperamental differences, the marriage could not work and they started living separately since August, 2016. The matrimonial dispute between the parties culminated into the FIR in question.

6. The present petition has been filed on the ground that the parties have amicably settled their matrimonial dispute in terms of Settlement dated 11.02.2020 reached through Family Court, Karkardooma Courts, Delhi.

7. Learned counsel for the petitioners submits that the marriage between petit

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