Monu & Ors. v. The State & Anr.

Delhi High Court · 19 Aug 2020 · 2020:DHC:2568
Suresh Kumar Kait
CRL.M.C. 1657/2020
2020:DHC:2568
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between estranged spouses and the complainant's decision not to prosecute further.

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CRL.M.C. 1657/2020
HIGH COURT OF DELHI
Date of Decision: 19.08.2020
CRL.M.C. 1657/2020
MONU & ORS. ..... Petitioners
Through Mr.Lakshay Joshi, Adv. with petitioners in person through video conferencing.
VERSUS
THE STATE & ANR. ..... Respondents
Through Mr.Izhar Ahmad, APP for State.
Respondent no.2 in person through video conferencing.
SI Mohan Lal/IO.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 11171/2020 (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.833/2015 dated 19.12.2015 registered at Police Station Bawana (Outer), New Delhi and consequent proceedings arising therefrom. 2020:DHC:2568

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no.2 through Video Conferencing 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 19.01.2008 as per Hindu rites and rituals. Two children were born out of the wedlock namely Master Vansh aged 10 years and Ms.Dipti aged 6 years. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Gram Panchyat and settled all their disputes amicably and started living as husband and wife.

8. Complainant/respondent no.2 is present in person through video conferencing and has been identified by SI Mohan Lal/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.833/2015 dated 19.12.2015 registered at Police Station Bawana (Outer), New Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Copy of this order be transmitted to the Trial Court for information.

13. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.

JUDGE AUGUST 19, 2020 ab