Raj Kumar v. State & Anr.

Delhi High Court · 30 Sep 2019 · 2019:DHC:5039
Suresh Kumar Kait
CRL.M.C.4349/2019
2019:DHC:5039
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR under Section 354 IPC on the ground of amicable settlement between the parties and the complainant's unwillingness to prosecute further.

Full Text
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CRL.M.C.4349/2019
HIGH COURT OF DELHI
Date of Decision: 30.09.2019
CRL.M.C. 4349/2019
RAJ KUMAR ..... Petitioner
Through: Mr.Prem Kumar Chaudhary, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr.Panna Lal Sharma, APP for State.
SI Rajender PS Malviya Nagar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks direction thereby quashing FIR No.75/2015 dated 19.01.2015, registered at PS – Vasant Vihar, for the offences punishable under Sections 354 IPC and all other proceedings emanating 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 and respondent no.2 got married on 23.10.2015 as per Hindu rites and rituals. Two children were born out of the wedlock namely Khushi Kumari and Ayush Kumar. 2019:DHC:5039 CRL.M.C.4349/2019

5. 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.

6. Respondent No.2 is personally present in Court with learned counsel and she has been identified by SI Rajender/IO 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 petitioner any further.

8. For the reasons afore-recorded, the FIR No.75/2015 dated 19.01.2015, registered at PS – Vasant Vihar, for the offences punishable under Sections 354 IPC and consequent proceedings therefrom are quashed.

9. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 30, 2019 ab