Varun Malhotra & Anr v. State (NCT of Delhi) & Anr

Delhi High Court · 16 Jan 2020 · 2020:DHC:278
Suresh Kumar Kait
CRL.M.C.4106/2019
2020:DHC:278
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings in a matrimonial dispute following an amicable settlement between the parties and the complainant's decision not to prosecute.

Full Text
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CRL.M.C.4106/2019
HIGH COURT OF DELHI
Date of Decision: 16.01.2020
CRL.M.C. 4106/2019 & Crl.M.A. 33935/2019
VARUN MALHOTRA & ANR ..... Petitioners
Through Ms.Neela Gokhale, Adv. with Mr.Ilam Paridi, Adv.
VERSUS
STATE (NCT OF DELHI) & ANR ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Satish Kumar ASI Vidhya PS Paschim Vihar.
Mr.Nishima Arora, Adv. with Mr.Sanjay Dewan, Adv. for R-2 with
R-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.194/2019 dated 18.04.2019 registered at Police Station Paschim Vihar and consequent proceedings arising therefrom.

2. Notice issued. 2020:DHC:278

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 02.07.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 07.11.2019 and settled all their disputes amicably.

6. The complainant/respondent no.2 is present in person with her counsel and has been identified by ASI Vidhya and submits that matter has been settled and she does not wish to prosecute the matter any further.

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

8. For the reasons afore-recorded, the FIR No.194/2019 dated 18.04.2019 registered at Police Station Paschim Vihar and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed and disposed of accordingly.

10. Order dasti

11. Pending application stands disposed of.

JUDGE JANUARY 16, 2020 ab