Devender Singh v. State

Delhi High Court · 13 Feb 2020 · 2020:DHC:1052
Suresh Kumar Kait
CRL.M.C.800/2020
2020:DHC:1052
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings following an amicable settlement between estranged spouses, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C.800/2020
HIGH COURT OF DELHI
Date of Decision: 13.2.2020
CRL.M.C. 800/2020
SH. DEVENDER SINGH & ANR. .... Petitioners
Through Mr.Ravinder Singh, Adv.
VERSUS
STATE & ANR. .... Respondents
Through Mr. Izhar Ahmed, APP for State with SI Ishwar Singh, PTS Dwarka
Mr.Sanjay Sharma and Mr.Deva Mani Mishra, Advs. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 3302/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek quashing of FIR No. 116/2010 dated 9.4.2010 registered at Police Station Nangloi, Delhi and all other proceedings emanating therefrom. 2020:DHC:1052

4. Notice issued.

5. Notice is accepted by learned APP for the 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 20.4.2008 as per Hindu rites and rituals. One child was born out of the wedlock, namely Master Rudra. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since July, 2008.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before Mediation Centre, Tis Hazari Courts, Delhi vide settlement dated 1.3.2011 and settled all their disputes amicably.

8. Respondent no.2 is present in person with her counsel and has been identified by SI Ishwar Singh (IO) and submits that matter has been settled and 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. 116/2010 dated 9.4.2010, registered at Police Station Nangloi, Delhi and consequent proceedings emanating therefrom are quashed.

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

JUDGE FEBRUARY 13, 2020 rk