Mahender Kumar & Ors. v. State of NCT of Delhi and Anr

Delhi High Court · 30 Sep 2020 · 2020:DHC:2907
Suresh Kumar Kait
CRL.M.C. 1887/2020
2020:DHC:2907
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C. 1887/2020
HIGH COURT OF DELHI
Date of Decision: 30th September, 2020
CRL.M.C. 1887/2020
MAHENDER KUMAR & ORS. .... Petitioners
Through Mr. Anuj Kumar Ranjan, Adv.
VERSUS
STATE OF NCT OF DELHI AND ANR .... Respondents
Through Mr. Izhar Ahmed, APP for the State with ASI Anand Prakash, PS
Ghazipur 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.13497/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C.1887/2020

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No.133/2018 dated 11.04.2018, registered at PS – Ghazipur, Delhi and all other proceedings arising therefrom.

4. Notice issued. 2020:DHC:2907

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

6. Petitioner No.1 and respondent No.2 got married on 11.10.2016 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent No.2, they started living separately.

7. Petitioners and respondent No.2 entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide MoU/Compromise Deed dated 27.08.2019 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by ASI Anand Prakash of Police Station Ghazipur 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.133/2018 dated 11.04.2018, registered at PS – Ghazipur, 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.

SURESH KUMAR KAIT, J SEPTEMBER 30, 2020