Nalin Gulati v. State & Anr.

Delhi High Court · 06 Nov 2019 · 2019:DHC:5764
Suresh Kumar Kait
CRL.M.C. 5679/2019
2019:DHC:5764
criminal petition_allowed

AI Summary

The Delhi High Court quashed the FIR and criminal proceedings in a matrimonial dispute following an amicable settlement between the parties and withdrawal of prosecution by the complainant.

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CRL.M.C. 5679/2019
HIGH COURT OF DELHI
Date of Decision: 06.11.2019
CRL.M.C. 5679/2019
NALIN GULATI ..... Petitioner
Through Mr. Suraj Rathi with Mr. Rajiv Singh Pilania and Ms. Kirti Karishma
Sarangi, Advs.
VERSUS
STATE & ANR ..... Respondents
Through Mr. Izhar Ahmed, APP for State WSI Manju, PS, Janak Puri
Mr. Roshan Lal Goel with Ms. Anju Gupta, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 39823/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioner seeks quashing of FIR NO. 43/2016 dated 09.01.2016 registered at Police Station Janak Puri and consequent proceedings arising therefrom. 2019:DHC:5764

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 14.11.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately since 18.05.2018.

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 29.08.2019 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by WSI Manju of Police Station Janak Puri 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 petitioner any further.

10. For the reasons afore-recorded, FIR No. 43/2016 dated 09.01.2016 registered at Police Station Janak Puri and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

JUDGE NOVEMBER 06, 2019 ms