Ravi Gupta & Anr. v. State & Anr.

Delhi High Court · 20 Nov 2019 · 2019:DHC:6153
Suresh Kumar Kait
CRL.M.C. 5890/2019
2019:DHC:6153
criminal petition_allowed

AI Summary

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

Full Text
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CRL.M.C.5890/2019
HIGH COURT OF DELHI
Date of Decision: 20.11.2019
CRL.M.C. 5890/2019
MR. RAVI GUPTA & ANR. ..... Petitioners
Through: Mr. Vekas Dudija and Mr. S.
Thokchom, Advs
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Izhar Ahmad, APP for State with
Inspector Mukesh, PS – Govind Puri
Mr. Manoj Kumar Advocate with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 40679/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 5890/2019

3. Vide the present petition, the petitioners seek quashing of FIR NO. 1117/2015 registered at Police Station – Govind Puri and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:6153

5. Notice is accepted by learned APP for the State and counsel for the respondent no.2

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

7. The petitioner no.1 and respondent no.2 got married on 09.07.2010 as per Hindu rites and rituals. Two children were born out of the wedlock namely, Kashish and Yash, presently aged about 7 years and 5 years, respectively.

8. The petitioners and respondent no.2 have entered into an amicable settlement, as per the terms mentioned in mediation order dated 25.06.2019 and settled all their disputes amicably. It is agreed between the parties that they have resolved amicably all their disputes and differences with regard to the present matter and presently they are living together alongwith their children.

9. The complainant is present in person with her counsel and has been identified by SI - Inspector Mukesh, Police Station – Govind Puri and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, the FIR No. 1117/2015 registered at Police Station – Govind Puri and consequent proceedings arising therefrom are quashed.

12. The petition is allowed accordingly.

13. Dasti.

JUDGE NOVEMBER 20, 2019 PB