Abhinav Kumar & Ors. v. State & Anr.

Delhi High Court · 22 Jan 2020 · 2020:DHC:448
Suresh Kumar Kait
CRL.M.C. 329/2020
2020:DHC:448
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and the complainant's withdrawal of prosecution.

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CRL.M.C.329/2020
HIGH COURT OF DELHI
Date of Decision: 22.01.2020
CRL.M.C. 329/2020
ABHINAV KUMAR & ORS. ..... Petitioners
Through: Mr. B.S. Rajesh Agrajit and Ms. Dipti Singh, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State with SI Vipin Kumar, PS – Kotwali, Delhi
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 1408-09/2020

1. Allowed, subject to all just exceptions.

2. Applications are disposed of. CRL.M.C. 329/2020

3. Vide the present petition, the petitioners seek quashing of FIR NO. 194/2017 dated 18.04.2017 registered at Police Station – Kotwali, North Delhi and consequent proceedings arising therefrom. 2020:DHC:448

4. Notice issued.

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 02.06.2011 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Amy. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 18.12.2016.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 15.10.2019 and settled all their disputes amicably.

8. The complainant/ respondent no. 2 is present in person with her counsel and has been identified by SI Vipin Kumar 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 the FIR as no useful purpose would be served in prosecuting the petitioners any further.

10. For the reasons afore-recorded, the FIR No. 194/2017 dated 18.04.2017 registered at Police Station – Kotwali, North Delhi and consequent proceedings arising therefrom are quashed.

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

JUDGE JANUARY 22, 2020 PB