Javed & Ors. v. State & Anr.

Delhi High Court · 19 Dec 2019 · 2019:DHC:7115
Suresh Kumar Kait
CRL.M.C. 6578/2019
2019:DHC:7115
criminal petition_allowed

AI Summary

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

Full Text
Translation output
CRL.M.C. 6578/2019
HIGH COURT OF DELHI
Date of Decision: 19.12.2019
CRL.M.C. 6578/2019
JAVED & ORS. ..... Petitioners
Through Mr. Rajat Sharma with Ms. Nitya Sharma, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State SI Nishar Khan.
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 43093-94/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 438/2015 dated 07.08.2015 registered at Police Station Sadar Bazar and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:7115

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 26.11.2011 as per Mulsim Rites and Customs. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 15.09.2019 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by SI Nishar Khan of Police Station Sadar Bazar 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 concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

10. For the reasons afore-recorded, the FIR No. 438/2015 dated 07.08.2015 registered at Police Station Sadar Bazar and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order dasti

JUDGE DECEMBER 19, 2019 ms