Sumit Sharma v. The State & Anr

Delhi High Court · 23 Dec 2019 · 2019:DHC:7199
Suresh Kumar Kait
CRL.M.C.4068/2019
2019:DHC:7199
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings in a matrimonial dispute based on an amicable settlement and the complainant's unwillingness to prosecute.

Full Text
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CRL.M.C.4068/2019
HIGH COURT OF DELHI
Date of Decision: 23.12.2019
CRL.M.C. 4068/2019
SUMIT SHARMA ..... Petitioner
Through: Mr. Randhir Kumar, Adv.
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr. Izhar Ahmad, APP for State. with
Inspector Vijay Kumar Gupta, SI
Manmeet Singh, PS – Nabi Karim and SI Rajiv Gulati/IO, PS – IGI
Airport R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 19/2013 registered at Police Station – Nabi Karim and consequent proceedings arising therefrom.

2. Notice issued.

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

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

5. The petitioner no.1 and respondent no.2 got married on 21.08.2006 as per Hindu rites and rituals. One child was born out of the wedlock, namely, 2019:DHC:7199 CRL.M.C.4068/2019 Moksh. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

6. The petitioner and respondent no. 2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 20.07.2015 and settled all their disputes amicably.

7. The complainant is present in person and has been identified by SI - Rajiv Gulati of Police Station – Nabi Karim. Respondent No. 2 submits that the matter has been settled and she has already received the settlement amount and she does not wish to prosecute the matter any further.

8. 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 petitioner any further.

9. For the reasons afore-recorded, the FIR No. 19/2013 registered at Police Station – Nabi Karim and consequent proceedings arising therefrom are quashed.

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

JUDGE DECEMBER 23, 2019