Manish & Ors. v. State & Anr.

Delhi High Court · 09 Jan 2020 · 2020:DHC:108
Suresh Kumar Kait
CRL.M.C. 6145/2019
2020:DHC:108
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings following an amicable settlement and the complainant's consent to discontinue prosecution.

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CRL.M.C. 6145/2019
HIGH COURT OF DELHI
Date of Decision: 09.01.2020
CRL.M.C. 6145/2019 & CRL.M.A. 41576/2019
MANISH & ORS ..... Petitioners
Through: Ms. Rohi Bansal, Adv.
VERSUS
STATE & ANR ..... Respondents
Through: Mr. Izhar Ahmed, APP for State Ms. Rohi Bansal, Adv. for R-2
ASI Parmanand, PS Sultan Puri
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 41577-78/2019

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 826/2017 dated 20.11.2017 registered at Police Station Sultan Puri and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:108

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 29.05.2015 as per Hindu rites and rituals. One child was born out of the wedlock namely Baby Bhumi (aged about 3 years). Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since

2016.

7. The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Rohini District Courts vide settlement/agreement dated 13.07.2018 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by ASI Parmanand of Police Station Sultan Puri and submits that matter has been settled and both petitioner no.1 and respondent no.2 have been residing together as husband and wife, therefore, 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. 826/2017 dated 20.11.2017 registered at Police Station Sultan Puri and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti.

13. Pending application stands disposed of.

JUDGE JANUARY 09, 2020 ms