Amitabh and Ors. v. The State and Anr.

Delhi High Court · 16 Feb 2021 · 2021:DHC:552
Suresh Kumar Kait
CRL.M.C.471/2021
2021:DHC:552
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and proceedings in a matrimonial dispute following an amicable settlement and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.471/2021
HIGH COURT OF DELHI
Date of Decision: 16.02.2021
CRL.M.C. 471/2021
AMITABH AND ORS. ..... Petitioners
Through Ms.Mrinal Harsh Vardhan, Adv. with Mr.Animesh Rastogi, Adv. with petitioners in person through VC.
VERSUS
THE STATE AND ANR. (GOVT. OF NCT OF DELHI) ..... Respondent
Through Mr.Izhar Ahmed, APP for State.
PS Anand Prakash PS Laxmi Nagar.
Mr.Sharad Chandra Jha, Adv. for R-2 with respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 2450/2021

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.488/2018 dated 08.10.2018 registered at Police Station Shakarpur and consequent proceedings arising therefrom. 2021:DHC:552

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 21.02.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since 2015.

7. Petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Courts, Vishwas Nagar, Delhi vide settlement deed dated 25.07.2020 and settled all their disputes amicably.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Anand Prakash of Police Station Laxmi 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.488/2018 dated 08.10.2018 registered at Police Station Shakarpur and consequent proceedings emanating therefrom are quashed.

11. Parties shall remain bound by the terms and conditions of the aforesaid settlement deed arrived at between the parties.

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

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

JUDGE FEBRUARY 16, 2021 ab