Danny Pal alias Dainy & Ors. v. The State & Anr.

Delhi High Court · 12 May 2021 · 2021:DHC:1567
Suresh Kumar Kait
CRL.M.C. 930/2021
2021:DHC:1567
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute following an amicable settlement and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C. 930/2021
HIGH COURT OF DELHI
Date of Decision: 12.05.2021
CRL.M.C. 930/2021
DANNY PAL alias DAINY & ORS. .....Petitioners
Through: Mr. S. Hussain, Adv.
VERSUS
THE STATE & ANR. .....Respondents
Through: Mr. G. M. Farooqui, APP for State SI Deepak, PS Bhalsawa Dairy with
Respondent no.2 in person in PS through VC Mr. R. C. Thakur, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction for quashing of FIR No. 257/2018 dated 25.05.2018 registered at Police Station Bhalaswa Dairy and consequent proceedings arising therefrom.

2. Notice issued. 2021:DHC:1567

3. Notice is accepted by learned APP for State and by counsel for respondent no.2. Respondent no.2 is present in person through VC. With the consent of counsel for parties, present petition is taken up for final disposal.

4. Petitioner no.1 and respondent no.2 got married on 23.04.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 25.12.2016.

5. 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, North District, Rohini Courts, Delhi vide settlement deed dated 27.08.2019 and settled all their disputes amicably.

6. Respondent No.2/complainant is present through video conferencing and has been identified by SI Deepak of Police Station Bhalaswa Dairy and submits that 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

8. For the reasons afore-recorded, FIR No. 257/2018 dated 25.05.2018 registered at Police Station Bhalaswa Dairy and consequent proceedings emanating therefrom are quashed.

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

JUDGE MAY 12, 2021 ms