Ankur Kohli & Anr. v. State & Anr.

Delhi High Court · 29 Nov 2019 · 2019:DHC:6512
Suresh Kumar Kait
CRL.M.C.6094/2019
2019:DHC:6512
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR following an amicable settlement and receipt of settlement amount by the complainant, exercising its inherent powers under Section 482 CrPC.

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CRL.M.C.6094/2019
HIGH COURT OF DELHI
Date of Decision: 29.11.2019
CRL.M.C. 6094/2019
ANKUR KOHLI & ANR. ..... Petitioners
Through Mr. Yogesh Maini, Adv.
VERSUS
STATE & ANR ..... Respondents
Through Mr. K K Ghai, APP for State SI Ombir, PS Ranhola
Mr. Ashutosh Bansal, Adv for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 41427/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.143/2011 dated 20.07.2011 registered at Police Station Ranhola and consequent proceedings arising therefrom. 2019:DHC:6512

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 17.11.2010 as per essential Hindu ceremonies. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioner no.1 and respondent no.2 have entered into an amicable settlement before the Mediation Centre, Tis Hazari Courts, Delhi on 20.02.2019.

8. The complainant is present in person with her counsel and has been identified by SI Ombir, Police Station Ranhola and submits that in terms of the settlement dated 20.02.2019, she has received the settlement amount of ₹ 2.[5] lacs from the petitioner towards all her claims 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.143/2011 dated 20.07.2011 registered at Police Station Ranhola and consequent proceedings arising therefrom are hereby quashed.

11. The petition is allowed accordingly. Dasti.

JUDGE NOVEMBER 29, 2019 sm