Naveen Kumar & Ors. v. State of NCT Delhi & Anr.

Delhi High Court · 22 Feb 2021 · 2021:DHC:636
Suresh Kumar Kait
CRL.M.C. 573/2021
2021:DHC:636
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR under Section 482 CrPC following amicable settlement and withdrawal of complaint by the complainant.

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CRL.M.C.573/2021
HIGH COURT OF DELHI
Date of Decision: 22.02.2021
CRL.M.C. 573/2021
NAVEEN KUMAR & ORS. ..... Petitioners
Through Ms.Annu Sharma, Adv. with Mr.Prince Gupta, Adv. with petitioners in person.
VERSUS
STATE OF NCT DELHI & ANR. ..... Respondents
Through Mr.Izhar Ahmad, APP for State.
Mr.Hitender Sakkarwal, Adv. for R-2 with R-2 in person.
SI Jagbir PS Bawana.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 2844/2021

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.430/2016 dated 10.10.2016 registered at Police Station Bawana and consequent proceedings arising therefrom. 2021:DHC:636

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 19.01.2012 as per Hindu rites and rituals. One male child was born out of the wedlock namely Darsh. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum deed dated 03.11.2020 and started living together as husband and wife.

8. Complainant/respondent no.2 is present in person and has been identified by SI Jagbir of Police Station Bawana 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.430/2016 dated 10.10.2016 registered at Police Station Bawana and consequent proceedings emanating therefrom are quashed.

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

JUDGE FEBRUARY 22, 2021 ab