Indraj Singh & Ors v. State (NCT of Delhi) & Anr

Delhi High Court · 03 Mar 2020 · 2020:DHC:1507
Suresh Kumar Kait
CRL.M.C.985/2020
2020:DHC:1507
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between estranged spouses where the complainant no longer wished to prosecute.

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CRL.M.C.985/2020
HIGH COURT OF DELHI
Date of Decision: 03.03.2020
CRL.M.C. 985/2020
INDRAJ SINGH & ORS ..... Petitioners
Through Ms.Gulshan Jahan, Adv. with petitioners in person.
VERSUS
STATE (NCT OF DELHI) & ANR ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
ASI Anil Kumar PS Sangam Vihar.
Respondent no.2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 4003-04/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C.985/2020 & Crl.M.A. 4002/2020

3. Vide the present petition, petitioners seek direction for quashing of FIR No.529/2017 dated 09.10.2017 registered at Police Station Sangam Vihar and consequent proceedings arising therefrom. 2020:DHC:1507

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 21.11.2009 as per Hindu rites and rituals. Two female children were born out of the wedlock. 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, have entered into an amicable settlement vide compromise deed dated 23.10.2017 and they have settled all their disputes amicably.

8. Complainant/Respondent no.2 is present in person and has been identified by ASI Anil Kumar/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.529/2017 dated 09.10.2017 registered at Police Station Sangam Vihar and consequent proceedings emanating therefrom are quashed.

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

12. Pending application stands disposed of.

13. Order dasti

JUDGE MARCH 03, 2020 ab