Shakil & Ors. v. The State & Anr.

Delhi High Court · 12 Jan 2021 · 2021:DHC:118
Suresh Kumar Kait
CRL.M.C. 84/2021
2021:DHC:118
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings based on an amicable settlement between the parties and the complainant's unwillingness to prosecute further.

Full Text
Translation output
CRL.M.C.84/2021
HIGH COURT OF DELHI
Date of Decision: 12.01.2021
CRL.M.C. 84/2021
SHAKIL & ORS. ..... Petitioners
Through Mr. Shyam Lal Jain, Adv.
VERSUS
THE STATE & ANR. ..... Respondent
Through Mr. Izhar Ahmad, APP for State with SI Sonu and ASI Deepak Kumar, Seema Puri, Delhi
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 383/2021 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

1. Vide the present petition, petitioners seek direction for quashing of FIR No.0287/2017 dated 05.05.2017, registered at Police Station Seemapuri and consequent proceedings arising therefrom.

2. Notice issued. 2021:DHC:118

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

4. Petitioner no.1 and respondent no.2 got married on 29.08.2012 as per Muslim rites and ceremonies. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 23.07.2016.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Compromise Deed/MoU dated 27.08.2020 and settled all their disputes amicably.

6. Respondent no.2 is present in person and has been identified by SI Sonu (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, FIR No.0287/2017 dated 05.05.2017, registered at Police Station Seemapuri and consequent proceedings emanating therefrom are quashed.

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

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

JUDGE JANUARY 12, 2021