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HIGH COURT OF DELHI
Date of Decision: 17.12.2020
MANOJ ANAND & ANR ..... Petitioner
Through: Mr. Rahul Tiwari, Adv.
Through: Mr. P. L. Sharma, APP for State.
Mr. Vikas, Adv. for R-2 with respondent no.2 in person through
VC.
SI Sunil Chandra
JUDGMENT
The hearing has been conducted through video conferencing.
Crl. M.A. 17527/2020
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.218/2016 dated 08.03.2016 registered at Police Station Moti Nagar and consequent proceedings arising therefrom. 2020:DHC:3616
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. Present petition is filed on the ground that parties have settled their dispute vide settlement deed dated 22.08.2019. As pointed out by learned APP there are three accused and only two accused have filed the present petition.
7. Complainant is present in person through VC and has been identified by SI Sunil Chandra of Police Station Moti Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further either against the petitioners and third accused namely Poonam.
8. Petitioner no.1 and respondent no.2 got married on 31.05.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 14.09.2015.
9. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 22.08.2019 and settled all their disputes amicably.
10. Learned counsel for petitioner has undertaken to hand over the DD bearing no. 254620 dated 16.11.2020 for the balance amount of Rs.2,50,000/- to respondent no.2 within one week.
11. Taking into account the aforesaid facts, this Court is inclined to quash FIR as no useful purpose would be served in prosecuting petitioners including third accused i.e. Poonam any further.
12. For the reasons afore-recorded, FIR No.218/2016 dated 08.03.2016 registered at Police Station Moti Nagar and consequent proceedings emanating therefrom are quashed.
13. The petition is, accordingly, allowed and disposed of.
14. The order be uploaded on the website forthwith.
JUDGE DECEMBER 17, 2020