Pankaj Bhardwaj & Ors. v. State & Anr.

Delhi High Court · 28 Feb 2020 · 2020:DHC:1432
Suresh Kumar Kait
CRL.M.C.1149/2020
2020:DHC:1432
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement between the parties and the complainant's decision not to prosecute.

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CRL.M.C.1149/2020
HIGH COURT OF DELHI
Date of Decision: 28.02.2020
CRL.M.C. 1149/2020
PANKAJ BHARDWAJ & ORS ..... Petitioners
Through: Ms. Mamta Rani, Ms. Alpana Sharma and Mr. Rajnish Kumar, Advocates.
VERSUS
STATE & ANR ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State with ASI Vijay Pal Singh from P.S.
CWC Nanak Pura.
Mr. Manav and Ms. Nimisha Agarwal, Advocates for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 4473/2020

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.181/2016 dated 06.10.2016 registered at Police Station CWC Nanak Pura and consequent proceedings arising therefrom. 2020:DHC:1432

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 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 16.02.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 12.07.2015.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Mediation Centre, Dwarka Courts, New Delhi vide settlement deed dated 24.12.2018 and settled all their disputes amicably.

8. Complainant/Respondent no.2 is present in person and has been identified by ASI Vijay Pal Singh and submits that matter has been settled, 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.181/2016 dated 06.10.2016 registered at Police Station CWC Nanak Pura and consequent proceedings emanating therefrom are quashed.

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

12. Order dasti

JUDGE FEBRUARY 28, 2020 ssc