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Dinesh Kumar @ Dinesh Kumar Gautam vs.state & Anr.

Dinesh Kumar @ Dinesh Kumar Gautam vs State & Anr.

Type Court Judgment Court Delhi Decided Oct 14, 2019
~2 min read
https://sooperkanoon.com/case/1225928

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Citation
Court
Delhi High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Dinesh Kumar @ Dinesh Kumar Gautam

Respondent

State & Anr.

Excerpt

.....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. crl.m.c.5141/2019 page 2 of 3 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 october14 2019 ab crl.m.c.5141/2019 page 3 of 3

Full Judgment

$~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

STATE & ANR. Through Mr.Yogesh Gaur, Adv. versus Through Mr.Kamal Kumar Ghai, APP for ........ RESPONDENTS

CORAM: State. ASI Shivom PS Gazipur. Mr.Deepak Gautam, Adv. for R-2. SI Sanyogita CAW Cell East Distt. HON'BLE MR. JUSTICE SURESH KUMAR KAIT Crl. M.A. 37884/2019 JUDGMENT

(ORAL) 1.

2. Allowed, subject to all just exceptions. 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. CRL.M.C.5141/2019 Page 1 of 3 4.

5. Notice issued. 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. CRL.M.C.5141/2019 Page 2 of 3 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 OCTOBER14 2019 ab CRL.M.C.5141/2019 Page 3 of 3

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