Piyush Sharma & Ors. v. State of NCT of Delhi & Anr.

Delhi High Court · 29 Jun 2020 · 2020:DHC:2175
Suresh Kumar Kait
CRL.M.C. 1537/2020
2020:DHC:2175
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute following an amicable settlement between the parties under Section 482 CrPC.

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CRL.M.C. 1537/2020
HIGH COURT OF DELHI
Date of Decision: 29.06.2020
CRL.M.C. 1537/2020 (URGENT)
PIYUSH SHARMA & ORS. ..... Petitioners
Through Ms. Chandrani Prasad, Adv. with petitioners through VC.
VERSUS
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State Mr. Aditya Singla, Adv. for complainant with complainant through VC.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
The hearing has been conducted through video conferencing.
Crl. M.A. 8317-18/2020 (Exemption)

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

3. Vide the present petition, petitioners seek direction for quashing of FIR No. 124/2015 dated 06.11.2015 registered at Police Station CAW Cell, Nanakpura, New Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:2175

5. Notice is accepted by learned APP for State and by counsel for respondent no.2 through Video Conferencing 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 20.11.2011 as per Hindu rites and rituals. One child was born out of the wedlock namely Master Tarit Sharma. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 20.11.2014.

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi High Court Mediation and Conciliation Centre, New Delhi vide settlement agreement dated 03.12.2019 and settled all their disputes amicably. The total settlement amount is ₹31,50,000/-(Rupees (Seven Lakhs Fifty Thousand only). It is submitted by respondent no. 2 that she has already received the entire settlement amount.

8. Complainant is present in person through video conferencing and has been identified by counsel for complainant 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

10. For the reasons afore-recorded, FIR No. 124/2015 dated 06.11.2015 registered at Police Station CAW Cell, Nanakpura, New Delhi and consequent proceedings emanating therefrom are quashed.

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

12. Copy of this order be transmitted to the Trial Court for information.

13. The order be uploaded on the website forthwith. Copy of the order be also forwarded to the learned counsel through email.

JUDGE JUNE 29, 2020 ab