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2021 Supreme(Del) 142

IN THE HIGH COURT OF DELHI AT NEW DELHI
SURESH KUMAR KAIT, J.
Ashok Kumar and Others – Petitioners
Versus
State and Another – Respondents
Crl. M.C. No. 975 of 2021
Decided On : 15-04-2021

Advocates:
Advocate Appeared:
For the Petitioner: Mr. R.K. Lamba.
For the Respondents: Mr. Izhar Ahmad, Balwant Singh.

Point of Law: Matrimonnial dispute - Settlement/Compromise between parties - Criminal proceedings quashed.

Headnote:

Criminal Laws - Quashment of FIR - Present petition is filed on ground that parties have settled their disputes and respondent no. 2 has no objection if present petition is allowed.

Finding of the Court:

Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further - FIR and consequent proceedings emanating therefrom are quashed.

Result: Petition Allowed.

JUDGMENT :

SURESH KUMAR KAIT, J.

Crl. M.A. No. 4949/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

Crl. M.C. No. 975/2021

3. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 54/2018, registered at PS - Crime (Women) Cell, Nanakpura, Delhi and all other proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by respondent no. 2 in person through video conferencing and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

7. Petitioner no. 1 and respondent no. 2 got married on 19.02.2017 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no. 2, they started living separately from 29.12.2017.

8. Petitioners and respondent no. 2 entered into an amicable settlement before the Counselling Cell, Family Courts, Dwarka Court, New Delhi vide Settlement dated 22.10.2020 and settled all their disputes amicably.

9. Respondent No. 2 is personally present in Court with learned counsel and she has been identified by ASI Balwant Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

10. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners any further.

11. For the reasons afore-recorded, FIR No. 54/2018, registered at PS - Crime (Women) Cell, Nanakpura, Delhi and consequent proceedings emanating therefrom are quashed.

12. The petition is, accordingly, allowed and disposed of.

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