Akash Nahar & Ors. v. State & Anr.

Delhi High Court · 14 Feb 2020 · 2020:DHC:1077
Suresh Kumar Kait
CRL.M.C. 2641/2017
2020:DHC:1077
criminal petition_allowed

AI Summary

The Delhi High Court quashed FIR No. 98/2016 and consequent proceedings under Section 482 CrPC following an amicable settlement and dissolution of marriage between the parties.

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CRL.M.C. 2641/2017
HIGH COURT OF DELHI
Date of Decision: 14.02.2020
CRL.M.C. 2641/2017
AKASH NAHAR & ORS .... Petitioners
Through Mr. Aly Mirza, Mr. Anant, Mr. H. D.
Bidi and Ms. Malvika Tiwari, Advs.
VERSUS
STATE & ANR ..... Respondents
Through Mr.Amit Chadha, APP for State.
SI Ram Singh, PS C.R. Park Mr. Alokin Bhachawat, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 3473/2020

1. Vide the present application, the petitioners seek quashing of FIR NO. 98/2016 dated 14.04.2016 registered at Police Station Chitranjan Park and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present application is taken up for final disposal. 2020:DHC:1077

4. Petitioner no.1 and respondent no.2 are permanent resident of USA and respondent no.2 has settled all her disputes with the petitioners which is evident from CT Cases 620974/2016 tiled as Gunjan Salgia (Nahar) Vs. Dr. Akash Nahar Ors.

5. In addition to above, respondent no.2 has sent an affidavit duly notarized by Patricia A L. McAleer, State of New Jersey on 17.01.2020 whereby she stated that the matter has been settled and marriage between petitioner no.1 and respondent no.2 is dissolved.

6. Keeping in view the reasons stated in the application, application is allowed and disposed of.

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

8. For the reasons afore-recorded, the FIR No. 98/2016 dated 14.04.2016 registered at Police Station Chitranjan Park and consequent proceedings emanating therefrom are quashed.

9. The application is allowed and disposed of accordingly.

10. Order dasti.

11. In view of order passed in the application mentioned above, the petition is allowed and disposed of.

12. The date already fixed in the matter stands cancelled.

JUDGE FEBRUARY 14, 2020 ms