Sh. Sudhish Kumar & Ors. v. N.C.T. of Delhi & Anr.

Delhi High Court · 03 Feb 2021 · 2021:DHC:393
Suresh Kumar Kait
CRL.M.C. 2532/2020
2021:DHC:393
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement and the complainant's refusal to prosecute further.

Full Text
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CRL.M.C.2532/2020
HIGH COURT OF DELHI
Date of Decision: 03.02.2021
CRL.M.C. 2532/2020
SH. SUDHISH KUMAR & ORS. .... Petitioners
Through Mr. S.S.Wani, Adv.
VERSUS
N.C.T. OF DELHI THROUGH THE STANDING COUNSEL NEW DELHI MR. KAPIL SHARMA & ANR. .... Respondents
Through Mr. Izhar Ahmad, APP for State with SI Rahul
Respondent No.2 with her counsel
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.

1. Vide the present petition, petitioners seek direction thereby for quashing of FIR No. 337/2010, registered at PS – Bhajanpura, Delhi and all other proceedings arising therefrom.

2. The present petition is filed on the ground that parties have settled their disputes and respondent No. 2 has no objection if the present petition is allowed.

3. Petitioner no.1 and respondent no.2 got married on 02.05.1999 as per Hindu rites and rituals. Due to extreme incompatibilities, petitioner No.1 and respondent no.2 started living separately since 09.07.2009. 2021:DHC:393 CRL.M.C.2532/2020

4. Petitioners and respondent no.2 entered into an amicable settlement before the Mediation Centre, Karkardooma District Courts, New Delhi vide a Settlement dated 09.01.2019 and settled all their disputes amicably.

5. Respondent No. 2 is personally present in Court and she has been identified by SI Rahul/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

6. Petitioner No.1 has agreed to pay the balance amount of Rs.7.[5] lacs as per the settlement to respondent No.2/complainant by tomorrow in the concerned police station in the presence of IO/SHO concerned.

7. 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.

8. For the reasons afore-recorded, FIR No. 337/2010, registered at PS – Bhajanpura, Delhi and consequent proceedings emanating therefrom are quashed.

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

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

JUDGE FEBRUARY 03, 2021