Dinesh Kumar @ Dinesh Kumar Gautam vs State & Anr.
2019 Latest Caselaw 4898 Del

$~62
*      IN THE HIGH COURT OF DELHI AT NEW 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

                          J U D G M E N T (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.

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.

(SURESH KUMAR KAIT) JUDGE OCTOBER 14, 2019 ab