Akram @ Mohd. Akram & Anr. v. State NCT of Delhi & Anr.

Delhi High Court · 05 Jul 2021 · 2021:DHC:1936
Suresh Kumar Kait
CRL.M.C.1445/2021
2021:DHC:1936
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute following an amicable settlement and the complainant's decision not to prosecute further.

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CRL.M.C.1445/2021
HIGH COURT OF DELHI
Date of Decision: 05.07.2021
CRL.M.C. 1445/2021
AKRAM @ MOHD. AKRAM & ANR. ..... Petitioners
Through Mr. Sunil Kumar, Adv. With Mr.S.K.
Gill, Adv.
VERSUS
STATE NCT OF DELHI & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Krishan PS Nand Nagri.
Mr.Rajneesh Kapoor, Adv. with Mr.S.S. Rawat, Adv. For R2 with R2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 9785/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction for quashing of FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings arising therefrom. 2021:DHC:1936

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 26.02.2012 as per Muslim rites and ceremonies. One female child was born out of the wedlock namely Ayra aged around 5 years. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Shahdara District, Delhi vide settlement deed dated 10.01.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person and has been identified by SI Krishan of Police Station Nand Nagri and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No.1065/2016 dated 29.12.2016 registered at Police Station Nand Nagri and consequent proceedings emanating therefrom are quashed.

11. The petition is, accordingly, allowed and disposed of.

JUDGE JULY 05, 2021 ab