Jasbir Singh @ Boby & Ors. v. State & Anr.

Delhi High Court · 23 Dec 2019 · 2019:DHC:7208
Suresh Kumar Kait
CRL.M.C. 6690/2019
2019:DHC:7208
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR arising from a matrimonial dispute based on an amicable settlement between the parties, allowing revival if settlement terms are breached.

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CRL.M.C. 6690/2019
HIGH COURT OF DELHI
Date of Decision: 23.12.2019
CRL.M.C. 6690/2019
JASBIR SINGH @ BOBY & ORS. ..... Petitioners
Through: Mr. Sujeet Beniwal, Adv. with Petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Panna Lal Sharma, APP for State with ASI Sadanand, PS– Kanjhawala, Delhi
Adv. (appearance not given) for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 43446/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 525/2015 registered at Police Station – Kanjhawala, Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:7208

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 24.06.2013, as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 have entered into an amicable settlement and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by SI – Sadanand of Police Station – Kanjhawala 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. 525/2015 registered at Police Station – Kanjhawala, Delhi and consequent proceedings arising therefrom are hereby quashed.

11. It is made clear that if the amount is not paid as per the settlement by the petitioner, the respondent No. 2 is at liberty to get revive the present case.

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

JUDGE DECEMBER 23, 2019 PB