Abhinav Kumar & Ors. vs State & Anr.
2020 Latest Caselaw 431 Del

$~57
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 22.01.2020

+      CRL.M.C. 329/2020
       ABHINAV KUMAR & ORS.                   ..... Petitioners
                   Through: Mr. B.S. Rajesh Agrajit and Ms. Dipti
                            Singh, Advs.
                   versus

       STATE & ANR.                                       ..... Respondents
                          Through:      Mr. Panna Lal Sharma, APP for State
                                        with SI Vipin Kumar, PS - Kotwali,
                                        Delhi

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 1408-09/2020

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CRL.M.C. 329/2020

3. Vide the present petition, the petitioners seek quashing of FIR No.

194/2017 dated 18.04.2017 registered at Police Station - Kotwali, North

Delhi and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State 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 02.06.2011 as

per Hindu rites and rituals. One child was born out of the wedlock, namely,

Amy. Due to extreme incompatibilities between the petitioners and

respondent no.2, they started living separately from 18.12.2016.

7. The petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 15.10.2019 and settled all their disputes amicably.

8. The complainant/ respondent no. 2 is present in person with her

counsel and has been identified by SI Vipin Kumar 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 FIR as no useful purpose would be served in prosecuting the petitioners

any further.

10. For the reasons afore-recorded, the FIR No. 194/2017 dated

18.04.2017 registered at Police Station - Kotwali, North Delhi and

consequent proceedings arising therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

JANUARY 22, 2020 PB