Satish Kumar & Ors. v. State & Anr.

Delhi High Court · 28 Feb 2020 · 2020:DHC:1428
Suresh Kumar Kait
CRL.M.C.1007/2020
2020:DHC:1428
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings arising therefrom based on the parties' amicable settlement and the complainant's unwillingness to prosecute further.

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CRL.M.C.1007/2020
HIGH COURT OF DELHI
Date of Decision: 28.02.2020
CRL.M.C. 1007/2020
SATISH KUMAR & ORS. .... Petitioners
Through Mr.Brijesh Oberoi and Ms.Lakhshana Oberoi, Advs. with petitioners in person
VERSUS
STATE & ANR. ..... Respondent
Through Mr. Panna Lal Sharma, APP for State with SI Asha (IO) and SI Aman, PS
R.K.Puram
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction for quashing of FIR No. 852/2014 dated 26.11.2014 registered at Police Station R.K. Puram, Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent No. 2, who is personally present in Court and with the consent of counsel for parties, present petition is taken up for final disposal. 2020:DHC:1428 CRL.M.C.1007/2020

4. Petitioner no.1 and respondent no.2 got married on 28.11.2005 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner No. 1 and respondent No. 2, they started living separately from 26.07.2014.

5. Petitioners and respondent No. 2 have settled all their disputes amicably and have started living together w.e.f. May, 2018.

6. Respondent No. 2 is present in person and has been identified by SI Asha (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.

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

8. For the reasons afore-recorded, FIR No. 852/2014 dated 26.11.2014 registered at Police Station R.K. Puram, Delhi and consequent proceedings emanating therefrom are quashed.

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

10. Order dasti.

JUDGE FEBRUARY 28, 2020