Harish Kapoor & Ors. v. State & Anr.

Delhi High Court · 18 Nov 2019 · 2019:DHC:6063
Suresh Kumar Kait
CRL.M.C. 5839/2019
2019:DHC:6063
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings in 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.5839/2019
HIGH COURT OF DELHI
Date of Decision: 18.11.2019
CRL.M.C. 5839/2019
HARISH KAPOOR & ORS. ..... Petitioners
Through Mr. Ramakant Sharma, Adv. with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State ASI Vijay Pal Singh, PS CWC
Nanakpura Mr. Vinod Kumar, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 40473/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.106/2013 dated 02.07.2013 registered at Police Station CWC Nanakpura and consequent proceedings arising therefrom. 2019:DHC:6063

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 08.12.2010 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since 2011.

7. The petitioners and respondent no.2 have entered into an amicable settlement vide joint statement recorded on 28.05.2019 before the Judge Family Court (Central), THC, Delhi, and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by ASI Vijay Pal Singh, PS CWC Nanakpura and submits that matter has been settled 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.106/2013 dated 02.07.2013 registered at Police Station CWC Nanakpura and consequent proceedings arising therefrom are quashed.

11. The petition is allowed accordingly. Dasti.

JUDGE NOVEMBER 18, 2019 sm