Mohd. Hussain & Ors. v. The State (NCT of Delhi) & Anr.

Delhi High Court · 23 Dec 2020 · 2020:DHC:3713
Suresh Kumar Kait
CRL.M.C. 2345/2020
2020:DHC:3713
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings based on an amicable settlement between parties and the complainant's withdrawal of prosecution.

Full Text
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CRL.M.C. 2345/2020
HIGH COURT OF DELHI
Date of Decision: 23.12.2020
CRL.M.C. 2345/2020
MOHD. HUSSAIN & ORS. ..... Petitioners
Through Ms. Leelawati and Mr. Durga Prasad Sharma, Advs.
VERSUS
THE STATE (NCT OF DELHI) & ANR. ..... Respondents
Through Mr. P. L. Sharma, APP for State.
Respondent no.2 in person through VC ASI Hari Singh PS Pul Prahladpur
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction for quashing of FIR No. 42/2017 dated 26.02.2017 registered at Police Station Pul Prahladpur and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and respondent no.2 present in person through V.C. 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 20.10.2014 as per Muslim rites and custom. Due to extreme incompatibilities between 2020:DHC:3713 CRL.M.C. 2345/2020 petitioners and respondent no.2, they started living separately since February, 2015.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Mediation Centre, Saket Courts, New Delhi vide settlement deed dated 05.12.2019 and settled all their disputes amicably.

6. Complainant is present in person and has been identified by ASI Hari Singh of Police Station Pul Prahladpur 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. 42/2017 dated 26.02.2017 registered at Police Station Pul Prahladpur and consequent proceedings emanating therefrom are quashed.

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

10. The order be uploaded on the website forthwith.

JUDGE DECEMBER 23, 2020