Mohd. Nasir & Anr v. The State (NCT of Delhi) & Anr

Delhi High Court · 23 Dec 2019 · 2019:DHC:7210
Suresh Kumar Kait
CRL.M.C. 6696/2019
2019:DHC:7210
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement between the parties and the complainant's decision not to pursue prosecution.

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CRL.M.C. 6696/2019
HIGH COURT OF DELHI
Date of Decision: 23.12.2019
CRL.M.C. 6696/2019
MOHD. NASIR & ANR ..... Petitioners
Through: Mr. L.P. Singh and Mr. Gulshan, Advs.
VERSUS
THE STATE (NCT OF DELHI) & ANR ..... Respondents
Through: Mr. Hirein Sharma, APP for State with Inspector Rajnikant, PS –
Khajuri Khas R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 43467/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 74/2013 registered at Police Station – Khajuri Khas, Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:7210

5. Notice is accepted by learned APP for the State.

6. Respondent No. 2 is present in person.

7. With the consent of the parties, the present petition is taken up for final disposal.

8. The petitioner no. 1 and respondent no. 2 got married on 02.12.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no. 2, they started living separately from 10.10.2012.

9. The petitioner and respondent no.2 have entered into an amicable settlement vide settlement deed dated 21.02.2019 and settled all their disputes amicably.

10. The complainant/respondent no. 2 is present in person. Original Aadhaar Card (bearing No. 710896309554) of respondent No. 2 is seen and returned. She submits that the matter has been settled and she has received the full and final settlement amount and she does not wish to prosecute the matter any further.

11. 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.

12. For the reasons afore-recorded, the FIR No. 74/2013 registered at Police Station – Khajuri Khas, Delhi and consequent proceedings arising therefrom are hereby quashed.

13. The petition is allowed accordingly. Dasti.

JUDGE DECEMBER 23, 2019 PB