Mohd. Farhan v. The State (GNCT of Delhi) & Anr.

Delhi High Court · 20 Oct 2020 · 2020:DHC:3065
Suresh Kumar Kait
W.P.(CRL) 1732/2020
2020:DHC:3065
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all criminal proceedings based on an amicable settlement between the parties and the complainant's decision not to pursue prosecution.

Full Text
Translation output
W.P.(CRL) 1732/2020
HIGH COURT OF DELHI
Date of Decision: 20.10.2020
W.P.(CRL) 1732/2020
MOHD. FARHAN ..... Petitioner
Through Mr. Sushil Kumar, Adv.
VERSUS
THE STATE (GNCT OF DELHI) & ANR. ..... Respondents
Through Mr. Rajesh Mahajan, ASC with Ms. Jyoti Babbar
SI Pawan, PS Chandni Mahal Respondent no.2 in person through
VC
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 14527/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioner seeks direction for quashing of FIR No. 16/2020 dated 27.01.2020 registered at Police Station Chandni Mahal and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:3065

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

6. Petitioner and respondent no.2 got married on 07.10.2009 as per Muslim Personal Law (Shariat). Three children were born out of the said wedlock, one of them passed away. Extreme incompatibilities led to registration of present FIR.

7. Petitioner 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/respondent no.2 is present in person and has been identified by SI Pawan of Police Station Chandni Mahal 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, 16/2020 dated 27.01.2020 registered at Police Station Chandni Mahal and entire criminal proceedings emanating therefrom are quashed.

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

12. The order be uploaded on the website forthwith.

JUDGE OCTOBER 20, 2020 ms