Dinesh Kumar @ Dinesh Kumar Gautam v. State & Anr.

Delhi High Court · 14 Oct 2019 · 2019:DHC:5213
Suresh Kumar Kait
CRL.M.C. 5141/2019
2019:DHC:5213
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute upon amicable settlement and the complainant's refusal to prosecute.

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CRL.M.C.5141/2019
HIGH COURT OF DELHI
Date of Decision: 14.10.2019
CRL.M.C. 5141/2019
DINESH KUMAR @ DINESH KUMAR GAUTAM ..... Petitioner
Through Mr.Yogesh Gaur, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Kamal Kumar Ghai, APP for State.
ASI Shivom PS Gazipur.
Mr.Deepak Gautam, Adv. for R-2.
SI Sanyogita CAW Cell East Distt.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 37884/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 5141/2019 & Crl.M.A. 37885/2019

3. Vide the present petition, the petitioner seeks quashing of FIR No.558/2013 dated 18.12.2013 registered at Police Station Ghazipur and consequent proceedings arising therefrom. 2019:DHC:5213

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 22.12.2008 as per Hindu rites and rituals. Two children were born out of the wedlock namely Harsh and Akshita. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 07.09.2012.

7. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement by mutual consent. They had started living together as husband and wife happily and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been identified by ASI Shivom of Police Station Ghazipur 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 petitioner any further.

10. For the reasons afore-recorded, the FIR No.558/2013 dated 18.12.2013 registered at Police Station Ghazipur and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed accordingly.

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

13. Pending application also stands disposed of.

JUDGE OCTOBER 14, 2019 ab