Vijay Gandhi & Anr. v. State of NCT of Delhi & Anr.

Delhi High Court · 28 Jan 2021 · 2021:DHC:312
Suresh Kumar Kait
CRL.M.C.64/2021
2021:DHC:312
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from matrimonial disputes on the ground of amicable settlement and non-prosecution by the complainant.

Full Text
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CRL.M.C.64/2021
HIGH COURT OF DELHI
Date of Decision: 28.01.2021
CRL.M.C. 64/2021
VIJAY GANDHI & ANR. ..... Petitioners
Through Mr. Vikram Seth, Adv. with P-1 in person
VERSUS
STATE OF NCT OF DELHI & ANR. .... Respondents
Through Mr. Izhar Ahmad, APP for State with SI Yashpal, PS CAW Cell, Nanakpura
Mr. Dinesh Pirani, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 287/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.78/2014, registered at PS – CAW Cell, Nanakpura, Delhi and all other proceedings arising therefrom. 2021:DHC:312

4. Notice issued.

5. Notice is accepted by learned APP for State and by learned counsel for respondent no.2 and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. The present petition is filed on the ground that parties have settled their disputes and respondent no. 2 has no objection if the present petition is allowed.

7. Petitioner no.1 and respondent no.2 got married on 17.02.1997 as per Hindu rites and rituals. Two children were born out of the wedlock namely Ms. Tamanna and Master Ram Pratap. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately from 07.06.2013.

8. Petitioners and respondent no.2 with the intervention of their wellwishers and relatives entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre vide a Settlement Agreement dated 11.09.2019 and settled all their disputes amicably.

9. Respondent no.2 is personally present in Court with her learned counsel and she has been identified by SI Yashpal/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No.78/2014, registered at PS – CAW Cell, Nanakpura, Delhi and consequent proceedings emanating therefrom are quashed.

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

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

JUDGE JANUARY 28, 2021 rk