Prince Sharma & Ors. v. The State Through Its Chief Secretary & Anr.

Delhi High Court · 28 Jan 2021 · 2021:DHC:314
Suresh Kumar Kait
CRL.M.C.249/2021
2021:DHC:314
criminal appeal_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings based on an amicable settlement between parties and the complainant's decision not to prosecute.

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CRL.M.C.249/2021
HIGH COURT OF DELHI
Date of Decision: 28.01.2021
CRL.M.C. 249/2021
PRINCE SHARMA & ORS. ..... Petitioners
Through Mr.Yashpal Jolly, Adv.
VERSUS
THE STATE THROUGH ITS CHIEF SECRETARY & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Anuj Mor PS Tilak Nagar.
Mr.Rupendu Singh, Adv. for R-2 with R-2 in person through VC.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 1281/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, petitioners seek direction for quashing of FIR No.165/2018 dated 27.04.2018 registered at Police Station Tilak Nagar, Delhi and consequent proceedings arising therefrom. 2021:DHC:314

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 20.04.2016 per Hindu rites and rituals. Due to extreme incompatibilities between petitioner no.1 and respondent no.2, they started living separately since 22.12.2017.

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 07.12.2018 and settled all their disputes amicably.

8. The total settlement amount is Rs.2,85,000/-(Rupees Two Lakhs Eighty Five Thousand only). It is submitted that the respondent no. 2 has already received an amount of Rs.1,85,000/- (Rupees One Lakh Eighty Five Thousand only). A demand draft bearing No. 011492 dated 20.11.2020 for the balance amount of ₹1,00,000/- (Rupees One Lakh) is given to respondent no. 2 today.

9. Complainant is present in person and has been identified by SI Anuj Mor of Police Station Tilak Nagar 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.165/2018 dated 27.04.2018 registered at Police Station Tilak Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

13. The judgment be uploaded on the website of this Court forthwith.

JUDGE JANUARY 28, 2021 ab