Arvind Kumar & Ors v. The State (Govt. of NCT of Delhi) & Anr

Delhi High Court · 06 Nov 2019 · 2019:DHC:5768
Suresh Kumar Kait
CRL.M.C. 5659/2019
2019:DHC:5768
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR arising from a matrimonial dispute following an amicable settlement between the parties and the complainant's unwillingness to prosecute further.

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CRL.M.C. 5659/2019
HIGH COURT OF DELHI
Date of Decision: 06.11.2019
CRL.M.C. 5659/2019
ARVIND KUMAR & ORS ..... Petitioners
Through Mr. Raj Kumar, Adv.
VERSUS
THE STATE (GOVT. OF NCT OF DELHI)
& ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State SI Surender Kumar, PS Vivek Vihar
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 39753/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 386/2014 dated 30.05.2014 registered at Police Station Vivek Vihar and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:5768

5. 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.

6. The petitioner no.1 and respondent no.2 got married on 24.06.2011 as per Hindu rites and rituals. One male child namely Rachit (aged about six years) was born out of the said wedlock. Due to extreme incompatibilities between the petitioner no[1]. and respondent no.2, they started living separately from 04.03.2012

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Counselling Cell, Family Court, Karakdooma Courts vide order dated 25.04.2019 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by SI Surender Kumar of Police Station Vivek Vihar 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. 386/2014 dated 30.05.2014 registered at Police Station Vivek Vihar and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

JUDGE NOVEMBER 06, 2019 ms