Harender Chaudhary & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 18 Dec 2019 · 2019:DHC:7078
Suresh Kumar Kait
CRL.M.C. 6537/2019
2019:DHC:7078
criminal petition_allowed

AI Summary

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

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CRL.M.C. 6537/2019
HIGH COURT OF DELHI
Date of Decision: 18.12.2019
CRL.M.C. 6537/2019
HARENDER CHAUDHARY & ORS ..... Petitioners
Through Mr. Rajesh Chugh & Mr. Vinay Choudhary, Advs.
VERSUS
STATE OF NCT OF DELHI & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Bentakesh, PS Sarita Vihar Mr. Jayant Pawar, Adv. for respondent no.2 with respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 42953/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 587/2007 dated 07.08.2007 registered at Police Station Sarita Vihar and consequent proceedings arising therefrom. 2019:DHC:7078

4. Notice issued.

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 17.01.2001 as per Hindu rites and rituals. Thereafter, two children namely Suryansh (son) and Awni @ Pari (daughter) were born from the said wedlock. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 25.01.2007.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the mediation centre vide order dated 03.09.2019 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by SI Bentakesh of Police Station Sarita Vihar 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, of FIR No. 587/2007 dated 07.08.2007 registered at Police Station Sarita Vihar and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Pending application stands disposed of.

13. Order dasti.

JUDGE DECEMBER 18, 2019 ms