Mohammad Aslam & Ors. v. State & Anr.

Delhi High Court · 21 Nov 2019 · 2019:DHC:6193
Suresh Kumar Kait
CRL.M.C. 5915/2019
2019:DHC:6193
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement between the parties and the complainant's decision not to prosecute further.

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CRL.M.C. 5915/2019
HIGH COURT OF DELHI
Date of Decision: 21.11.2019
CRL.M.C. 5915/2019
MOHAMMAD ASLAM & ORS. ..... Petitioners
Through Mr. Adnan Ahmad with Md. Saleem, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State SHO Avatar Singh, SHO, Nand Nagri
Ms. A. Sharma, Adv. for R-2 with 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. 315/2011 dated 30.07.2011 registered at Police Station Nand Nagri and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 27.05.2009. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately. 2019:DHC:6193 CRL.M.C. 5915/2019

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Mediation Cell, Karkardooma Courts, Delhi vide order dated 01.10.2011 and settled all their disputes amicably.

6. The respondent no.2 is present in person with her counsel and has been identified by S.H.O Avatar Singh of Police Station Nand Nagri 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, the FIR No. 315/2011 dated 30.07.2011 registered at Police Station Nand Nagri and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

JUDGE NOVEMBER 21, 2019 ms