Joginder Singh & Ors. v. State & Anr.

Delhi High Court · 12 Mar 2020 · 2020:DHC:1659
Suresh Kumar Kait
CRL.M.C.271/2020
2020:DHC:1659
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings arising from a matrimonial dispute following an amicable settlement and withdrawal of prosecution by the complainant.

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CRL.M.C.271/2020
HIGH COURT OF DELHI
Date of Decision: 12.03.2020
CRL.M.C. 271/2020
JOGINDER SINGH & ORS. ..... Petitioners
Through Mr.Avnish Yadav, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr.Izhar Ahmed, APP for State.
SI Lokesh Singh PS S P Badli.
Mr.Raj Kumar, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, petitioners seek direction for quashing of FIR No.463/2016 dated 16.05.2016 registered at Police Station Samaipur Badli and consequent proceedings arising therefrom.

2. Notice issued.

3. 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. 2020:DHC:1659

4. Petitioner no.1 and respondent no.2 got married on 07.02.2006 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 26.08.2014.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Delhi Mediation Centre, Rohini District Courts, Delhi vide settlement deed dated 12.04.2018 and settled all their disputes amicably.

6. The total settlement amount is ₹8,15,000/-(Rupees Eight Lakhs Fifteen Thousand only). It is submitted that respondent no.2 has already received an amount of ₹4,15,000/- (Rupees Four Lakhs Fifteen Thousand only) and a demand draft bearing No.190406, dated 18.02.2020, for the balance amount of ₹4,00,000/- (Rupees Four Lakhs only) is handed over to respondent no. 2 today in the Court.

7. Complainant/respondent no.2 is present in person and has been identified by SI Lokesh Singh/IO and submits that matter has been settled and she does not wish to prosecute the matter any further.

8. In view of above, this Court is inclined to quash foregoing FIR as no useful purpose would be served in prosecuting petitioners any further.

9. For the reasons afore-recorded, FIR No.463/2016 dated 16.05.2016 registered at Police Station Samaipur Badli and consequent proceedings emanating therefrom are hereby quashed.

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

11. Order dasti.

JUDGE MARCH 12, 2020 ab