Dinesh Kumar Chauhan & Ors. v. State & Ors.

Delhi High Court · 22 Jan 2020 · 2020:DHC:437
Suresh Kumar Kait
CRL.M.C. 220/2020
2020:DHC:437
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR arising from matrimonial disputes following an amicable settlement and the complainant's decision not to pursue prosecution.

Full Text
Translation output
CRL.M.C.220/2020
HIGH COURT OF DELHI
Date of Decision: 22.01.2020
CRL.M.C. 220/2020
DINESH KUMAR CHAUHAN & ORS ..... Petitioners
Through: Mr. Shashi Kaushik and Ms. Rachna Jasaiwal, Advs.
VERSUS
STATE & ORS ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State with Inspector Jaspal Singh, PS –
Mangol Puri Ms. Jyotsana Gupta, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 981/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 220/2020

3. Vide the present petition, the petitioners seek quashing of FIR NO. 106/2016 dated 18.01.2016 registered at Police Station – Mangol Puri and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:437

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 15.02.2002 as per Hindu rites and rituals. Three children were born out of the wedlock, namely, Tamanna, Mehak and Lakshita. Respondent no. 2 was thrown out of the matrimonial home with her daughters on 26.06.2005.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide compromise deed dated 22.11.2019 and settled all their disputes amicably. Petitioner No.1 and respondent No.2 started living together from 30.07.2018.

8. The complainant is present in person with her counsel and has been identified by Inspector Jaspal Singh of Police Station – Mangol Puri 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. 106/2016 dated 18.01.2016 registered at Police Station – Mangol Puri and consequent proceedings arising therefrom are quashed.

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

JUDGE JANUARY 22, 2020 PB