Jai Dutta @ Jai Kishan & Ors. v. State & Anr.

Delhi High Court · 24 Oct 2019 · 2019:DHC:5550
Suresh Kumar Kait
CRL.M.C. 5506/2019
2019:DHC:5550
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all consequent proceedings based on an amicable settlement between the parties and the complainant's withdrawal of prosecution.

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CRL.M.C. 5506/2019
HIGH COURT OF DELHI
Date of Decision: 24.10.2019
CRL.M.C. 5506/2019
JAI DUTTA @ JAI KISHAN & ORS. ..... Petitioner
Through Mr. G.B. Garg with Mr. Manish Kumar, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State Ms. Pooja Gupta, Adv. for R-2
SI Rawat Singh, PS Tilak Nagar ASI Sunil Kumar, PS Khayala
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 39152/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 0240/2016 dated 25.05.2016 registered at Police Station Khyala and consequent proceedings arising therefrom. 2019:DHC:5550

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 06.12.2014 as per Hindu rites and rituals. One child was born out of the wedlock namely Kavyansh. Due to extreme incompatibilities between the petitioner no. 1 and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement vide order dated 23.12.2017 before the Delhi Mediation Centre, Tis Hazari Courts, Delhi and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by SI Rawat Singh of Police Station Tilak Nagar 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. 0240/2016 dated 25.05.2016 registered at Police Station Khyala and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti.

JUDGE OCTOBER 24, 2019 ms