Rajender Singh @ Rajender Sandhu v. State & Anr

Delhi High Court · 03 Mar 2020 · 2020:DHC:1501
Suresh Kumar Kait
CRL.M.C.1213/2020
2020:DHC:1501
criminal petition_allowed

AI Summary

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

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CRL.M.C.1213/2020
HIGH COURT OF DELHI
Date of Decision: 03.03.2020
CRL.M.C. 1213/2020
RAJENDER SINGH @ RAJENDER SANDHU & ORS ..... Petitioners
Through Mr.Manoj Kumar, Adv. with petitioners in person.
VERSUS
STATE & ANR ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
W/SI Krishna SI Sandeep Kumar PS Vikas Puri.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 4713/2020

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.528/2016 dated 17.08.2018 registered at Police Station Vikaspuri and consequent proceedings arising therefrom. 2020:DHC:1501

4. Notice issued.

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 no.1 and respondent no.2 got married on 03.09.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 29.11.2017. One girl child namely Baby Priyanshi (Date of Birth 20.06.2018) was born out of the wedlock. The child is presently in custody of her mother/respondent no.2.

7. Petitioners and respondent no.2, with the intervention of their well wishers and relatives, have entered into an amicable settlement before the Mediation Centre, Dwarka Courts, New Delhi vide settlement deed dated 01.07.2019 and settled all their disputes amicably.

8. Complainant/Respondent no.2 is present in person and has been identified by W/SI Krishna/IO and submits that matter has been settled and now she is living with her husband, therefore, 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.528/2016 dated 17.08.2018 registered at Police Station Vikaspuri and consequent proceedings emanating therefrom are quashed.

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

12. Order dasti

JUDGE MARCH 03, 2020 ab