Rajender Kumar & Anr v. The State & Anr

Delhi High Court · 14 Feb 2020 · 2020:DHC:1093
Suresh Kumar Kait
CRL.M.C.832/2020
2020:DHC:1093
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between parties and the complainant's decision not to pursue prosecution.

Full Text
Translation output
CRL.M.C.832/2020
HIGH COURT OF DELHI
Date of Decision: 14.02.2020
CRL.M.C. 832/2020
RAJENDER KUMAR & ANR ..... Petitioners
Through Mr.Shailender Dahiya, Adv.
VERSUS
THE STATE & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State.
Mr.Ankur Manav, Adv. for R-2 with R-2 in person.
ASI Anil Kumar PS Kanjhawala.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 3403/2020

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.11/2016 dated 04.01.2016 registered at Police Station Kanjhawala (Outer) and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1093

5. Notice is accepted by learned APP for State and by counsel for respondent no.2. Respondent no.2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal.

6. Respondent no.2 was married with Mr.Prateek Kumar (now deceased) on 18.11.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between them, they started living separately from 18.04.2015

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide Memorandum of Settlement dated 01.02.2020 and 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, 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.11/2016 dated 04.01.2016 registered at Police Station Kanjhawala (Outer) and consequent proceedings emanating therefrom are quashed.

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

12. Order dasti

JUDGE FEBRUARY 14, 2020 ab