Sanjeev Kumar Sharma & Ors. v. The State of NCT of Delhi & Ors.

Delhi High Court · 06 Mar 2020 · 2020:DHC:1602
Suresh Kumar Kait
CRL.M.C. 1321/2020
2020:DHC:1602
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings based on an amicable settlement between the parties and the complainant's refusal to prosecute further.

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CRL.M.C. 1321/2020
HIGH COURT OF DELHI
Date of Decision: 06.03.2020
CRL.M.C. 1321/2020
SANJEEV KUMAR SHARMA & ORS ..... Petitioners
Through Mr. Vikram Singh Bhatia and Ms. Megha Tyagi, Advs.
VERSUS
THE STATE OF NCT OF DELHI & ORS ..... Respondents
Through Mr. Izhar Ahmed, APP for State Respondent nos.2 &3 in person
SI Mukesh, PS Neb Sarai
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 5051/2020

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. 176/2016 dated 20.02.2016 registered at Police Station Neb Sarai and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1602

5. Notice is accepted by learned APP for State and respondent nos.[2] & 3 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.3 got married on 18.11.2011 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.3, they have been living separately since 10.04.2015.

7. Petitioner no.1 and respondent no.3 with the intervention of their well wishers and relatives entered into an amicable settlement on 23.05.2016 and settled all their disputes amicably.

8. Complainant/ respondent no.3 is present in person and has been identified by SI Mukesh of Police Station Neb Sarai and submits that matter has been settled and she does not wish to prosecute the matter any further. Respondent No. 3 has produced her Aadhar Card issued by Government of India bearing No. 237612339227 which is seen in original and returned.

9. Taking into account the aforesaid facts, this Court is inclined to quash the present FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No. 176/2016 dated 20.02.2016 registered at Police Station Neb Sarai and consequent proceedings emanating therefrom are hereby quashed.

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

12. Order dasti

JUDGE MARCH 06, 2020 ms