Parvez Alam & Ors. v. State & Anr.

Delhi High Court · 16 Mar 2020 · 2020:DHC:1734
Suresh Kumar Kait
CRL.M.C. 1432/2020
2020:DHC:1734
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.1432/2020
HIGH COURT OF DELHI
Date of Decision: 16.03.2020
CRL.M.C. 1432/2020
PARVEZ ALAM & ORS .... Petitioners
Through Mr. Pranesh, Adv. with petitioners in person
VERSUS
STATE & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State with Insp. Kamlesh, PS Sadar Bazar
Mr. R.K. Thakur, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 5518/2020 (for exemption)

1. Allowed, subject to all just exceptions.

2. Application is disposed of. CRL.M.C. 1432/2020

3. Vide the present petition, petitioners seek direction for quashing of FIR No.62/2014 dated 07.02.2014 registered at Police Station Sadar Bazaar, Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1734

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 09.03.2012 as per Muslim rites and rituals. Due to extreme incompatibilities between petitioners and respondent No.2, they started living separately from 07.05.2013.

7. Petitioners and respondent No.2, have entered into an amicable settlement before the Counselling Cell, Principal Judge (Central), Tis Hazari Courts, Delhi vide settlement deed dated 10.04.2018 and have settled all their disputes amicably.

8. As per the settlement deed, the total settlement amount is ₹2,65,000/- (Two Lakhs Sixty Five Thousand Only). It is submitted that respondent No.2 has already received an amount of ₹65,000/- (Rupees Sixty Five Thousand Only). A demand draft bearing No.229084 dated 13.03.2020 for the balance amount of ₹2,00,000/- (Rupees Two Lakhs Only) is handed over to respondent No.2 today in Court.

9. Respondent No.2 is present in person and has been identified by SI Kamlesh (IO) 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 the present FIR as no useful purpose would be served in prosecuting petitioners any further.

11. For the reasons afore-recorded, FIR No.62/2014 dated 07.02.2014 registered at Police Station Sadar Bazaar, Delhi and consequent proceedings emanating therefrom are hereby quashed.

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

13. Order dasti

JUDGE MARCH 16, 2020