Ashok Kumar and Ors. v. State and Anr.

Delhi High Court · 15 Apr 2021 · 2021:DHC:1334
Suresh Kumar Kait
CRL.M.C.975/2021
2021:DHC:1334
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and the complainant's consent not to prosecute further.

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CRL.M.C.975/2021
HIGH COURT OF DELHI
Date of Decision: 15.04.2021
CRL.M.C. 975/2021
ASHOK KUMAR AND ORS .... Petitioners
Through Mr. R.K. Lamba, Adv.
VERSUS
STATE AND ANR .... Respondents
Through Mr. Izhar Ahmad, APP for State with ASI Balwant Singh, CWC, Nanakpura, Delhi
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
File has been taken up today as 14th April, 2021 was declared a holiday.
CRL. M.A. 4949/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 54/2018, registered at PS – Crime (Women) Cell, 2021:DHC:1334 Nanakpura, Delhi and all other proceedings arising therefrom.

4. Notice issued.

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

6. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

7. Petitioner no.1 and respondent no.2 got married on 19.02.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 29.12.2017.

8. Petitioners and respondent no.2 entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka Court, New Delhi vide Settlement dated 22.10.2020 and settled all their disputes amicably.

9. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by ASI Balwant Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No. 54/2018, registered at PS – Crime (Women) Cell, Nanakpura, Delhi and consequent proceedings emanating therefrom are quashed.

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

JUDGE APRIL 15, 2021 rk