Vivek Sharma & Ors v. The State & Anr

Delhi High Court · 01 Oct 2019 · 2019:DHC:5072
Suresh Kumar Kait
CRL.M.C. 5037/2019
2019:DHC:5072
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and all proceedings following an amicable settlement between the parties and the complainant's consent.

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CRL.M.C. 5037/2019
HIGH COURT OF DELHI
Date of Decision: 01.10.2019.
CRL.M.C. 5037/2019
VIVEK SHARMA & ORS ..... Petitioners
Through: Mr. Vikrant Choudahry, Adv.
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr. Izhar Ahmad, APP for State Mr. Kishan Singh Chauhan, Adv. for
R-2 SI S. Singh, PS Jaitpur, ASI Kunji Lal ASI Bhagwan Das, PS Jait Pur
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 37445/2019 (Exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No 0146/2016 dated 23.03.2016 registered at Police Station Jaitpur and consequent proceedings arising therefrom. 2019:DHC:5072

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 24.11.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 28.02.2014

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settled on 30.05.2017 and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by ASI Kunji Lal of Police Station JaitPur and submits that for the last two years she is living in her matrimonial home with her husband. Counsel for the petitioner submits that in the said petition, there are six petitioners, however, the present petition is filed on behalf of five petitioners and submits that since the matter has been settled between the parties, concerned FIR may be quashed against the remaining petitioner also namely Ms. Vandana. Complainant has no objection if the concerned FIR is quashed against all the petitioners in the petition including Vandana. 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, FIR No 0146/2016 dated 23.03.2016, registered at Police Station Jaitpur and consequent proceedings therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

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

JUDGE OCTOBER 01, 2019 ms