Gaurav Gupta & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 16 Oct 2019 · 2019:DHC:5283
Suresh Kumar Kait
CRL.M.C. 914/2019
2019:DHC:5283
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute following an amicable settlement and the complainant's decision not to prosecute.

Full Text
Translation output
CRL.M.C. 914/2019
HIGH COURT OF DELHI
Date of Decision: 16.10.2019
CRL.M.C. 914/2019
GAURAV GUPTA & ORS ..... Petitioners
Through Mr. Amit Gupta, Adv.
VERSUS
STATE OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Izhar Ahmad, APP for State SI Ramesh Kumar, PS Nihal Vihar
Adv. (appearance not given) for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 0657/2014 dated 06.10.2014 registered at Police Station Nihal Vihar and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. The petitioner no.1 and respondent no.2 got married on 09.12.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the 2019:DHC:5283 CRL.M.C. 914/2019 petitioner and respondent no.2, they started living separately from 01.06.2014.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum of understanding dated 30.03.2016 and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Ramesh Kumar, Police Station Nihal Vihar and submits that matter has been settled and she does not wish to prosecute the matter any further.

7. 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.

8. For the reasons afore-recorded, the FIR No. 0657/2014 dated 06.10.2014 registered at Police Station Nihal Vihar and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

JUDGE OCTOBER 16, 2019