Balwan Singh & Ors v. The State of NCT (Delhi) & Anr

Delhi High Court · 24 Jan 2020 · 2020:DHC:504
Suresh Kumar Kait
CRL.M.C. 6528/2019
2020:DHC:504
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute after the parties amicably settled and the complainant withdrew prosecution.

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CRL.M.C. 6528/2019
HIGH COURT OF DELHI
Date of Decision: 24.01.2020.
CRL.M.C. 6528/2019
BALWAN SINGH & ORS .... Petitioners
Through Mr. Ahmed Faud Faizi, Mr. Amir Chaudhary, Mr. Aman Ahmad, Mr. Vidur Dwivedi and Mr. Faiq Shervani, Advs.
VERSUS
THE STATE OF NCT (DELHI) & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State ASI Raghubir, PS Naraina
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.464/2015 dated 31.08.2015 registered at Police Station Naraina, Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:504

4. The petitioner no.1 and respondent no.2 got married on 05.11.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 29.01.2015.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement vide memorandum of understanding dated 13.12.2019 and settled all their disputes amicably.

6. The complainant is present in person and has been identified by ASI Raghubir of Police Station Naraina and submits that she has started residing in matrimonial house with her husband and since the matter has been settled, therefore, she does not wish to prosecute the petitioners any further.

7. 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.

8. For the reasons afore-recorded, FIR No.464/2015 dated 31.08.2015 registered at Police Station Naraina, Delhi and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

10. Order dasti.

JUDGE JANUARY 24, 2020 ms