Harish Kapoor & Ors. vs State & Anr
2019 Latest Caselaw 5713 Del

$~80
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 18.11.2019
+      CRL.M.C. 5839/2019
       HARISH KAPOOR & ORS.                                ..... Petitioners
                          Through       Mr. Ramakant Sharma, Adv. with
                                        petitioners in person

                          versus

       STATE & ANR.                                       ..... Respondents
                          Through       Mr. Izhar Ahmed, APP for State
                                        ASI Vijay Pal Singh, PS CWC
                                        Nanakpura
                                        Mr. Vinod Kumar, Adv. for R-2 with
                                        R-2 in person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

Crl. M.A. 40473/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.5839/2019

3. Vide the present petition, the petitioners seek quashing of FIR

No.106/2013 dated 02.07.2013 registered at Police Station CWC Nanakpura

and consequent proceedings arising therefrom.

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 08.12.2010 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately since 2011.

7. The petitioners and respondent no.2 have entered into an amicable

settlement vide joint statement recorded on 28.05.2019 before the Judge

Family Court (Central), THC, Delhi, and settled all their disputes amicably.

8. The complainant is present in person with her counsel and has been

identified by ASI Vijay Pal Singh, PS CWC Nanakpura 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

petitioners any further.

10. For the reasons afore-recorded, the FIR No.106/2013 dated

02.07.2013 registered at Police Station CWC Nanakpura and consequent

proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 18, 2019 sm