Sh. Tilak Raj & Ors. v. State & Anr.

Delhi High Court · 27 Jan 2020 · 2020:DHC:540
Suresh Kumar Kait
CRL.M.C. 423/2020
2020:DHC:540
criminal petition_allowed

AI Summary

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

Full Text
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CRL.M.C. 423/2020
HIGH COURT OF DELHI
Date of Decision: 27.01.2020
CRL.M.C. 423/2020
SH. TILAK RAJ & ORS. ..... Petitioners
Through Mr. Lajpat Rai and Mr. Joginder, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Panna Lal Sharma, APP for State Ms. Mamta, Adv. for R-2 with respondent no.2 in person
Mr. Praveen Kumar, IO, PS Madan, PS Ranhola
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 1762/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.0581/2017 dated 28.08.2017 registered at Police Station Ranhola and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:540

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

6. The petitioner no.1 and respondent no.2 got married on 25.06.2012 as per Hindu rites and rituals. One child was born out of the wedlock, namely Paras, in the year 2008. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement out of Court on 05.11.2017 and settled all their disputes amicably.

8. The complainant is present in person and has been identified by SI Praveen Kumar of Police Station Rahola and submits that matter has been settled and now she has been living with her husband, therefore, she does not wish to prosecute the petitioners any further.

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

10. For the reasons afore-recorded, the FIR No.0581/2017 dated 28.08.2017 registered at Police Station Ranhola and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti

JUDGE JANUARY 27, 2020 MS