Amar Kumar Aggarwal v. State & Anr.

Delhi High Court · 13 Feb 2020 · 2020:DHC:1047
Suresh Kumar Kait
CRL.M.C. 52/2020
2020:DHC:1047
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings under Section 482 CrPC following an amicable settlement between the parties in a matrimonial dispute.

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CRL.M.C. 52/2020
HIGH COURT OF DELHI
Date of Decision: 13.02.2020
CRL.M.C. 52/2020
AMAR KUMAR AGGARWAL ..... Petitioner
Through Mr. Tripat Kaur Chawla, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State SI Hemant, PS V.K. North
Mr. Rudra Pratap with Mr. Sachin, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioner seeks direction for quashing of FIR No. 76/2003 dated 03.02.2003 registered at Police Station Vasant Kunj and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by counsel for respondent no.2.

4. With the consent of counsel for parties, the present petition is taken up for final disposal. 2020:DHC:1047

5. Petitioner and respondent no.2 got married on 03.02.2001 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately.

6. Petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement in Counselling Cell, Family Court, Patiala House Courts vide settlement deed dated 10.10.2019 and settled all their disputes amicably.

7. Respondent no.2/complainant complainant is present in person with her counsel and has been identified by SI Hemant of Police Station Vasant Kunj and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. Petitioner is directed to file second motion within two weeks from today.

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

10. For the reasons afore-recorded, the FIR No. 76/2003 dated 03.02.2003 registered at Police Station Vasant Kunj and consequent proceedings emanating therefrom are quashed.

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

12. Order dasti

JUDGE FEBRUARY 13, 2020 ms