Sandeep Kumar & Ors. v. State (Govt. of NCT of Delhi) & Anr.

Delhi High Court · 25 Nov 2020 · 2020:DHC:3386
Suresh Kumar Kait
CRL.M.C.2294/2020
2020:DHC:3386
criminal petition_allowed

AI Summary

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

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CRL.M.C.2294/2020
HIGH COURT OF DELHI
Date of Decision: 25th November, 2020
CRL.M.C. 2294/2020
SANDEEP KUMAR & ORS. .... Petitioners
Through Mr. Ankit Mutreja, Mr. Aditya Agarwal and Mr. APS Shergill, Advs.
VERSUS
STATE (GOVT. OF NCT OF DELHI) & ANR. .... Respondents
Through Mr. Panna Lal Sharma, APP for State with SI Sandeep, Mr. (name not given), Adv. for
Respondent No.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. 16255/2020 (exemption)

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.328/2014 dated 31.05.2014 registered at Police Station Mayur Vihar Phase-I, Delhi and consequent proceedings arising therefrom. 2020:DHC:3386

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 21.02.2011 as per Hindu rites and rituals. One child was born out of the wedlock. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 2012.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement and settled all their disputes amicably.

8. Complainant is present in person and has been identified by SI Sandeep/IO 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.328/2014 dated 31.05.2014 registered at Police Station Mayur Vihar Phase-I, Delhi and consequent proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website forthwith.

JUDGE NOVEMBER 25, 2020