Sh. Ajay Sharma v. State

Delhi High Court · 24 Oct 2019 · 2019:DHC:5549
Suresh Kumar Kait
CRL.M.C.5518/2019
2019:DHC:5549
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute after the parties amicably settled and the complainant expressed unwillingness to prosecute further.

Full Text
Translation output
CRL.M.C.5518/2019
HIGH COURT OF DELHI
Date of Decision: 24.10.2019
CRL.M.C. 5518/2019 and CRL.M.A. 39190/2019 (Stay)
SH. AJAY SHARMA & ANR. ..... Petitioners
Through: Mr. M.S. Oberoi and Ms. Priyanka Toppo and Mr. Nitin Bajaj, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Kamal Kr. Ghei, APP for State
W/SI Sumedha, PS – Ashok Vihar
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 39191/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of. CRL.M.C. 5518/2019

3. Vide the present petition, the petitioners seek quashing of FIR NO. 76/2011 dated 09.08.2011 registered at Police Station – C.A.W./ Nanak Pura and consequent proceedings arising therefrom.

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. 2019:DHC:5549 CRL.M.C.5518/2019

6. The petitioner no.1 and respondent no.2 got married on 9.3.2008 as per Hindu rites and rituals. One child was born out of the wedlock, namely, Pavani.

7. The petitioner No. 1 and respondent no. 2 have entered into an amicable settlement vide settlement deed executed on 19.12.2015 and settled all their disputes amicably.

8. The complainant is present in person in the Court with her counsel and has been identified by SI – Sumedha 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. 76/2011 dated 09.08.2011 registered at Police Station –CAW, Nanak Pura and consequent proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

12. Dasti.

JUDGE OCTOBER 24, 2019 PB