Devender & Ors v. State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 19 Feb 2020 · 2020:DHC:1213
Suresh Kumar Kait
CRL.M.C. 157/2020
2020:DHC:1213
criminal petition_allowed

AI Summary

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

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CRL.M.C. 157/2020
HIGH COURT OF DELHI
Date of Decision: 19.02.2020
CRL.M.C. 157/2020
DEVENDER & ORS ..... Petitioners
Through Mr. Naveen Kumar, Adv.
VERSUS
STATE (GOVT. OF NCT OF DELHI) & ANR ..... Respondents
Through Mr. Amit Chadha, APP for State ASI Jai Bhagwan, PS Vijay Vihar
Adv. (appearance not given) for R-2 With respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 669/2020

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.125/2019 dated 28.05.2019 registered at Police Station Vijay Vihar and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1213

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 05.03.2016 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Dishu Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement dated 30.07.2019 before Family Courts, (North-West), Rohini Courts and settled all their disputes amicably.

8. A demand draft bearing no.011996 dated 17.02.2020 for the balance amount of ₹2,00,000/- (Rupees Two Lacs) is handed over to the respondent no. 2 today in the Court.

9. Complainant is present in person and has been identified by ASI Jai Bhagwan of Police Station Vijay Vihar and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No.125/2019 dated 28.05.2019 registered at Police Station - Vijay Vihar and consequent proceedings emanating therefrom are quashed.

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

13. Order dasti

JUDGE FEBRUARY 19, 2020 ms