High CourtsSingle Bench(2019) 10 DEL CK 0080

Dinesh Kumar @ Dinesh Kumar Gautam vs State & Anr

Delhi High Court · Decided on 14 October 2019

HON’BLE JUDGES
Suresh Kumar Kait, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case No. 5141 Of 2019

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Judgment

16 paragraphs · 282 words

Suresh Kumar Kait, J

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.