Sh. Avdesh Kumar Dubey vs State Through Govt. Of Nct Delhi & ...
2021 Latest Caselaw 503 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 15.02.2021
+      CRL.M.C. 454/2021
       SH. AVDESH KUMAR DUBEY                ..... Petitioner
                    Through Mr.Ankit Dubey, Adv.

                          versus

       STATE THROUGH GOVT. OF NCT DELHI & ANR.
                                                  ..... Respondents
                   Through   Mr.Izhar Ahmed, APP for State.
                             Ms.Santwana, Adv. with Mr.Ravi
                             Rai, Adv. for R-2 with R-2 in person
                             through VC.
                             SI Yogendra PS Burari.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 2398/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 454/2021

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.102/2011 dated 04.04.2011 registered at Police Station Burari and

consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for

respondent no.2 and with the consent of counsel for parties, present petition

is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 24.06.2006 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 11.12.2007.

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

wishers and relatives entered into an amicable settlement before the Delhi

Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

23.07.2019 and settled all their disputes amicably.

8. It is agreed by counsel for the petitioner, on instructions, that the steps

have already been taken for withdrawal of the pending appeal and he has

undertaken before this court that pending appeal shall be withdrawn without

further delay.

9. Complainant/respondent no.2 is present in person and has been

identified by SI Yogendra of Police Station Burari 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.102/2011 dated 04.04.2011

registered at Police Station Burari and consequent proceedings emanating

therefrom are quashed.

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

13. Pending application also stands disposed of.

14. The order be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 15, 2021 ab