Dev Kumar Punia & Ors. v. State & Anr.

Delhi High Court · 27 Feb 2020 · 2020:DHC:1388
Suresh Kumar Kait
CRL.M.C. 584/2020
2020:DHC:1388
criminal petition_allowed

AI Summary

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

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CRL.M.C.584/2020
HIGH COURT OF DELHI
Date of Decision: 27.02 .2020
CRL.M.C. 584/2020
SHRI DEV KUMAR PUNIA & ORS. .... Petitioners
Through Mr.Nitin Arora, Adv. with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State with SI Parveen Kumar (IO) and SI Madan
Mohan, PS Ranhola Respondent No. 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. 760/2015 dated 18.09.2015 registered at Police Station Ranhola (West), Delhi and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for State and by respondent No. 2 present in person and with the consent of counsel for parties, present petition is taken up for final disposal. 2020:DHC:1388

4. Petitioner no.1 and respondent no.2 got married on 28.11.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 2015.

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

6. The total settlement amount is ₹2,50,000/- (Rupees Two Lakhs Fifty Thousand only). It is submitted that the respondent No. 2 has already received an amount of ₹1,50,000/- (Rupees One Lakh Fifty Thousand only). A demand draft bearing No. 505267 dated 30.01.2020 for the balance amount of ₹1,00,000/- (Rupees One Lakh only) is handed over to the respondent No. 2 today in the Court.

7. 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.

8. For the reasons afore-recorded, FIR No. 760/2015 dated 18.09.2015 registered at Police Station Ranhola (West), Delhi and consequent proceedings emanating therefrom are quashed.

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

10. Order dasti

JUDGE FEBRUARY 27, 2020