Deepak Negi & Ors. v. The State & Anr.

Delhi High Court · 21 Oct 2019 · 2019:DHC:5388
Suresh Kumar Kait
CRL.M.C. 5411/2019
2019:DHC:5388
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

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CRL.M.C. 5411/2019
HIGH COURT OF DELHI
Date of Decision: 21.10.2019
CRL.M.C. 5411/2019
DEEPAK NEGI & ORS ..... Petitioners
Through Mr. Shyam Narayan Pathak with Mr. Ajay Sharma, Advs.
VERSUS
THE STATE & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
Mr. Dhananjay Singh and Mr. Y. K.
Parashar, Advs. for R-2 SI Shalinendra, PS Ghazipur
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 0120/2019 dated 06.05.2019 registered at Police Station Ghazipur 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. 2019:DHC:5388

4. The petitioner no.1 and respondent no.2 got married on 21.04.2014 as per Hindu rites and rituals. One female child was born out of the wedlock namely Tashvi. Due to extreme incompatibilities between the petitioner no.1 and respondent no.2, they started living separately from 05.11.2017

5. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 24.07.2019 before Co-Mediator of the Mediation Cell, Karkardooma Court, Delhi and settled all their disputes amicably.

6. The complainant is present in person with her counsel and has been identified by SI Shailendra of Police Station Ghazipur 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. 0120/2019 dated 06.05.2019 registered at Police Station Ghazipur and consequent proceedings emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti..

JUDGE OCTOBER 21, 2019 Ms