Shiv Kumar Singh v. State & Anr.

Delhi High Court · 06 Mar 2020 · 2020:DHC:1601
Suresh Kumar Kait
CRL.M.C. 1312/2020
2020:DHC:1601
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings following an amicable settlement between the married parties and the complainant's withdrawal of prosecution.

Full Text
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CRL.M.C. 1312/2020
HIGH COURT OF DELHI
Date of Decision: 06.03.2020
CRL.M.C. 1312/2020
SHIV KUMAR SINGH ..... Petitioner
Through Mr. Pankaj Wadhwa, Adv.
VERSUS
STATE & ANR. ..... Respondent
Through Mr. Izhar Ahmed, APP for State Respondent no.2 in person
ASI Dinesh Kumar, PS Ghazipur
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 5029/2020

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. 48/2015 dated 11.01.2015 registered at Police Station Ghazipur and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1601

5. Notice is accepted by learned APP for State and respondent no.2 present in person 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 01.11.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately.

7. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide settlement deed dated 31.08.2019 and settled all their disputes amicably.

8. Complainant is present in person and has been identified by ASI Dinesh Kumar of Police Station Ghazipur and submits that matter has been settled and they are residing together as husband and wife, therefore, she does not wish to prosecute the matter any further.

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 petitioner any further.

10. For the reasons afore-recorded, FIR No. 48/2015 dated 11.01.2015 registered at Police Station Ghazipur 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