Vinay Saini & Ors. v. State (Govt. of NCT Delhi) & Anr.

Delhi High Court · 07 Oct 2020 · 2020:DHC:2945
Suresh Kumar Kait
CRL.M.C. 1937/2020
2020:DHC:2945
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings arising therefrom based on an amicable settlement between the parties in a matrimonial dispute.

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CRL.M.C. 1937/2020
HIGH COURT OF DELHI
Date of Decision: 7th October, 2020
CRL.M.C. 1937/2020
VINAY SAINI & ORS. ..... Petitioners
Through Mr. Yogesh Kaushik, Adv.
VERSUS
STATE (GOVT.OF NCT DELHI) & ANR. ..... Respondents
Through Mr. Panna Lal Sharma, APP for State with SI Kamlesh, PS Hauz Khas, Delhi
Respondent No.2 in person
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. 289/2018 dated 01.11.2018, registered at PS – Hauz Khas, Delhi and all other proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent No.2 and with the consent of counsel for parties, the present petition is taken up for final disposal. 2020:DHC:2945

4. Petitioner No.1 and respondent No.2 got married on 11.05.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner No.1 and respondent No.2, they started living separately since August, 2016.

5. Petitioners and respondent No.2 entered into an amicable settlement before the Counselling Cell, Family Courts Saket (South-East), New Delhi vide Settlement dated 27.03.2019 and settled all their disputes amicably.

6. Petitioners have handed over a demand draft for an amount of Rs.[4] lacs towards the balance amount to the respondent No.2 today.

7. Complainant is present in person and has been identified by SI Kamlesh/IO and submits that matter has been settled, she has received all the payment in terms of the settlement and she does not wish to prosecute the matter any further.

8. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting petitioners any further.

9. For the reasons afore-recorded, FIR No.0289/2018 dated 01.11.2018, registered at PS – Hauz Khas, Delhi and consequent proceedings emanating therefrom are quashed.

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

11. The order be uploaded on the website forthwith.

SURESH KUMAR KAIT, J OCTOBER 07, 2020