Manish Aggarwal v. The State & Anr

Delhi High Court · 30 Sep 2019 · 2019:DHC:5033
Suresh Kumar Kait
CRL.M.C. 5017/2019
2019:DHC:5033
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from it after the parties to a matrimonial dispute amicably settled and the complainant withdrew prosecution.

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CRL.M.C. 5017/2019
HIGH COURT OF DELHI
Date of Decision: 30.09.2019
CRL.M.C. 5017/2019
MANISH AGGARWAL ..... Petitioner
Through: Mr. M. Gupta, Adv.
VERSUS
THE STATE & ANR ..... Respondents
Through: Mr. Kamal Kumar Ghai, APP for State Ms. Geetanksha Dhingra, Adv. for R-
W/ASI Neeraj, PS Dabari
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL.M.A. 37353/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.A. 37354/2019

3. In view of the reasons stated in the present application, the delay in filing the petition is allowed.

4. Vide the present petition, the petitioner seeks quashing of FIR NO. 389/2013 dated 17.07.2013 registered at Police Station Dabri and consequent proceedings arising therefrom. 2019:DHC:5033

5. Notice issued.

6. Notice is accepted by learned APP for the State and counsel for the respondent no.2.

7. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

8. The petitioner no.1 and respondent no.2 got married on 19.02.2003 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they have started living separately from 06.07.2012.

9. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 01.01.2016 and settled all their disputes amicably.

10. The complainant is present in person with her learned counsel and has been identified W/ASI Neeraj of Police Station Dabri and submits that the matter has been settled and she does not wish to prosecute the matter any further.

11. 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.

12. For the reasons afore-recorded, the FIR No. 389/2013 dated 17.07.2013 registered at Police Station Dabri and consequent proceedings emanating therefrom are quashed.

13. The petition is allowed accordingly.

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

JUDGE SEPTEMBER 30, 2019 ms