Raju Nischal & Ors. v. State & Anr.

Delhi High Court · 25 Nov 2019 · 2019:DHC:6315
Suresh Kumar Kait
CRL.M.C. 4595/2019
2019:DHC:6315
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement and mutual consent divorce.

Full Text
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CRL.M.C. 4595/2019
HIGH COURT OF DELHI
Date of Decision: 25.11.2019
CRL.M.C. 4595/2019
RAJU NISCHAL & ORS. ..... Petitioners
Through: Ms. Reema Roy, Advocate
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmad, Additional Public Prosecutor for the State
SI Ramesh Kumar, PS Nihal Vihar Respondent no.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 65/2010 dated 09.04.2010 registered at Police Station Nihal Vihar and consequent proceedings arising therefrom.

2. Notice issued.

3. 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. 2019:DHC:6315

4. The petitioner no.1 and respondent no.2 got married on 02.11.2009 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement and settled all their disputes amicably. The marriage between petitioner no.1 and respondent no.2 has been dissolved by way of mutual consent by the Court of Ld. Principal Judge, Family Court (West) Tis Hazari Courts, Delhi. Respondent no.2 has received balance settlement of ₹ 20,000/- paid in cash by petitioner no.1 to respondent no.2/complainant.

6. The complainant is present in person with her counsel and has been identified by SI Ramesh kumar of Police Station Nihal Vihar and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, of FIR No 65/2010 dated 09.04.2010 registered at Police Station Nihal Vihar and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

JUDGE NOVEMBER 25, 2019 ms