Nitesh Kumar & Ors. v. State & NCT of Delhi & Anr.

Delhi High Court · 01 Oct 2019 · 2019:DHC:5075
Suresh Kumar Kait
CRL.M.C. 5045/2019
2019:DHC:5075
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings following an amicable settlement between the parties and the complainant's decision not to pursue prosecution.

Full Text
Translation output
CRL.M.C. 5045/2019
HIGH COURT OF DELHI
Date of Decision: 01.10.2019.
CRL.M.C. 5045/2019
SH. NITESH KUMAR & ORS. ..... Petitioners
Through: Mr. O. S. Sheoran, Adv.
VERSUS
The STATE & NCT of Delhi & ANR. ..... Respondents
Through: Mr. Izhar Ahmdd, APP for State SI Sanjeet Singh, PS Rajouri Garden
Mr.Vikas K. Agarwal and Mr. Arun Sharma, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl.M.A. 37473/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. This application is, accordingly, disposed of.

3. Vide the present petition, the petitioner seeks quashing of FIR NO. 921/2016 dated 17.12.2016, registered at Police Station Rajouri Garden and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:5075

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 20.11.2013 as per hindu rites and rituals Due to extreme incompatibilities between the petitioners and respondent no.2, they had started living separately..

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

8. The complainant is present in person with her counsel and has been identified by SI Sanjeet Singh of Police Station Rajouri Garden 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. 921/2016 dated 17.12.2016 registered at Police Station Rajouri Garden and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

12. Order dasti, under the signature of Court Master.

JUDGE OCTOBER 01, 2019 ms