High CourtsSingle Bench(2021) 02 DEL CK 0141

Avdesh Kumar Dubey vs State Through Govt. Of Nct Delhi & Anr

Delhi High Court · Decided on 15 February 2021

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Case No. 454 Of 2021

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Judgment

25 paragraphs · 301 words

Suresh Kumar Kait, J

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undertaken before this court that pending appeal shall be withdrawn without further delay.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.