Vikas Sethi & Ors. v. State - GNCTD & Anr.

Delhi High Court · 06 Apr 2021 · 2021:DHC:1194
Suresh Kumar Kait
CRL.M.C.1064/2021
2021:DHC:1194
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings in a matrimonial dispute case following an amicable settlement between the parties and withdrawal of prosecution by the complainant.

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CRL.M.C.1064/2021
HIGH COURT OF DELHI
Date of Decision: 06th April, 2021
CRL.M.C. 1064/2021
VIKAS SETHI & ORS. .... Petitioners
Through Appearance not given
VERSUS
STATE - GNCTD & ANR. .... Respondents
Through Mr. Panna Lal Sharma, APP for State with SI Naseev Chauhan
Mr. Yogesh K. Chandna, Adv. for R- 2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.297/2016 dated 05.07.2016, registered at Police Station Khyala, Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no.1 and respondent no.2 got married on 12.11.2005 as per Hindu rites and ceremonies. Out of the said wedlock one son, namely, 2021:DHC:1194 CRL.M.C.1064/2021 Master Parth Sethi was born on 01.01.2008. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 10.09.2015.

5. Petitioners and respondent no.2 entered into an amicable settlement before Counselling Cell, Family Court, Tis Hazari Courts, Delhi vide Settlement dated 22.08.2019 and settled all their disputes amicably.

6. Complainant/respondent No.2 is present in person and has been identified by SI Naseev Chauhan 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.297/2016 dated 05.07.2016, registered at Police Station Khyala, Delhi and consequent proceedings emanating therefrom are quashed.

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

JUDGE APRIL 06, 2021