Mayank Chadha and Others v. State and Another

Delhi High Court · 24 Feb 2021 · 2021:DHC:698
Suresh Kumar Kait
CRL.M.C. 47/2021
2021:DHC:698
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings following an amicable settlement between the parties and withdrawal of prosecution by the complainant.

Full Text
Translation output
CRL.M.C.47/2021
HIGH COURT OF DELHI
Date of Decision: 24.02.2021
CRL.M.C. 47/2021
MAYANK CHADHA AND OTHERS ..... Petitioners
Through Mr.Praveen Suri, Adv.
VERSUS
STATE AND ANOTHER ..... Respondents
Through Mr.Izhar Ahmad, APP for State.
Mr.Manoj Singh, Adv. for R-2.
ASI Krishan PS Hari Nagar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 222/2021 & 224/2021

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

3. Vide the present petition, petitioners seek direction for quashing of FIR No. 70/2019 dated 07.02.2019 registered at Police Station Hari Nagar and consequent proceedings arising therefrom. 2021:DHC:698

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 12.12.2016 as per Hindu rites and rituals. They got registered their marriage under section 18 of the Special Marriage Act and they performed Nikah on 30.07.2017 as per Muslim rites and ceremonies. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since December 2017.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement on 14.08.2019 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by ASI Krishan of Police Station Hari Nagar 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. 70/2019 dated 07.02.2019 registered at Police Station Hari Nagar and consequent proceedings emanating therefrom are quashed.

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

12. Pending application, if any, stands disposed of.

JUDGE FEBRUARY 24, 2021 ab