Manish Malhotra & Ors. v. State & Anr.

Delhi High Court · 05 Mar 2020 · 2020:DHC:1585
Suresh Kumar Kait
CRL.M.C.1279/2020
2020:DHC:1585
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising from a matrimonial dispute based on an amicable settlement and the complainant's withdrawal of prosecution.

Full Text
Translation output
CRL.M.C.1279/2020
HIGH COURT OF DELHI
Date of Decision: 05.03.2020
CRL.M.C. 1279/2020
MANISH MALHOTRA & ORS. .... Petitioners
Through Mr.Vinay Kumar Dhingra, Adv.
VERSUS
STATE & ANR. .... Respondents
Through Mr.Hirein Sharma, APP for State with SI Ankur, PS Tilak Nagar, Delhi
Mr.Bharat Gupta, Adv. for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 4935/2020 (for exemption)

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. 1516/2014 dated 7.12.2014 registered at Police Station Tilak Nagar, Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1585

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 14.04.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner No. 1 and respondent No. 2, they started living separately from 20.06.2014.

7. Petitioners and respondent No.2 have entered into an amicable settlement vide a Memorandum of Settlement dated 22.10.2019 and have settled all their disputes amicably.

8. Respondent No. 2 is present in person and has been identified by SI Ankur (IO) and submits that matter has been settled and she does not wish to prosecute the matter any further.

9. The total settlement amount is ₹ 12,50,000/- (Rupees Twelve Lakhs Fifty Thousand only). It is submitted that respondent No. 2 has already received an amount of ₹ 6,00,000/- (Rupees Six Lakhs only). A demand draft bearing No.897942 dated 27.01.2020 for the balance amount of ₹ 6,50,000/- (Rupees Six Lakhs Fifty Thousand only) is handed over to respondent No. 2 today in the Court.

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 1516/2014 dated 7.12.2014 registered at Police Station Tilak Nagar, Delhi and consequent proceedings emanating therefrom are quashed.

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

13. Order dasti.

JUDGE MARCH 05, 2020