Samoon & Ors. v. State & Anr.

Delhi High Court · 25 Feb 2020 · 2020:DHC:1332
Suresh Kumar Kait
CRL.M.C.133/2020
2020:DHC:1332
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings in a matrimonial dispute following an amicable settlement between the parties and withdrawal of prosecution by the complainant.

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CRL.M.C.133/2020
HIGH COURT OF DELHI
Date of Decision: 25.02.2020
CRL.M.C. 133/2020
SAMOON & ORS. ..... Petitioners
Through Mr.Avinash Kapoor, Adv. with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Amit Chadha, APP for State.
Mr.Shivdeep Tripathi, Adv. for R-2 with R-2 in person.
SI Sandeep PS Fatehpur Beri.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.124/2017 dated 25.03.2020 registered at Police Station Fatehpur Beri and consequent proceedings arising therefrom.

2. Notice issued.

3. 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. 2020:DHC:1332

4. Petitioner no.1 and respondent no.2 got married on 13.03.2016 per Muslim rites and ceremonies. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 19.12.2019 and settled all their disputes amicably.

6. Complainant/Respondent no.2 is present in person with her father and for her identification, she has produced her Aadhar Card issued by Government of India bearing no.496271495022 and her father’s Aadhar Card issued by Government of India bearing no.808453468890 and submits that matter has been settled, therefore, she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, FIR No.124/2017 dated 25.03.2020 registered at Police Station Fatehpur Beri and consequent proceedings emanating therefrom are hereby quashed.

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

10. Order dasti

JUDGE FEBRUARY 25, 2020 ab