Ashish Bansal & Ors. v. Govt of NCT of Delhi & Anr.

Delhi High Court · 09 Mar 2021 · 2021:DHC:892
Suresh Kumar Kait
CRL.M.C. 798/2021
2021:DHC:892
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings arising therefrom based on an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.798/2021
HIGH COURT OF DELHI
Date of Decision: 09.03.2021
CRL.M.C. 798/2021
ASHISH BANSAL & ORS. ..... Petitioners
Through Mr.Anuj Kishore Saxena, Adv. with petitioners in person through VC.
VERSUS
GOVT OF NCT OF DELHI & ANR. ..... Respondents
Through Mr.Amit Chadha, APP for State.
SI Ved Prakash PS Sarita Vihar.
Mr.Shalabh Gupta, Adv. for R-2 with R-2 in person through VC.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 3962/2021

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.341/2019 dated 06.09.2019 registered at Police Station Sarita Vihar and consequent proceedings arising therefrom. 2021:DHC:892

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 30.05.2019 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 16.07.2019.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement and settled all their disputes. In pursuance to Settlement, Petitioner no.2 and Respondent no.2 have executed Settlement Deed dated 18.11.2020 and Petitioner no.1 and Respondent no.2 have executed Settlement Deed dated 03.12.2020.

8. Complainant/respondent no.2 is present in person and has been identified by SI Ved Prakash of Police Station Sarita Vihar 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.341/2019 dated 06.09.2019 registered at Police Station Sarita Vihar and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website of this Court forthwith.

JUDGE MARCH 09, 2021 ab