Sachin Gupta & Anr. v. State & Anr.

Delhi High Court · 27 Feb 2020 · 2020:DHC:1389
Suresh Kumar Kait
CRL.M.C.1108/2020
2020:DHC:1389
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and proceedings based on an amicable settlement and the complainant's decision not to prosecute further.

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CRL.M.C.1108/2020
HIGH COURT OF DELHI
Date of Decision: 27.02.2020
CRL.M.C. 1108/2020
SACHIN GUPTA & ANR. ..... Petitioners
Through Mr.Manjeet Kaur, Adv. with Ms.Anita Kumari, Adv. with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Amit Chadha, APP for State.
Insp.Asha PS CWC Nanak Pura.
Mr.Sunil Kumar Jha, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 4361/2020

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.31/2016 dated 10.03.2016 registered at Police Station CWC Nanakpura and consequent proceedings arising therefrom. 2020:DHC:1389

4. Notice issued.

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 07.05.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 25.10.2014.

7. Petitioners and respondent no.2, with the intervention of their well wishers and relatives, have entered into an amicable settlement vide Memorandum of Understanding dated 06.02.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹5,00,000/-(Rupees Five Lakhs only). It is submitted that the respondent no. 2 has already received an amount of ₹4,00,000/- (Rupees Four Lakhs only). A demand draft bearing No.287185 dated 24.02.2020 for the balance amount of ₹1,00,000/- (Rupees One Lakh only) is handed over to the respondent no. 2 today in the Court.

9. Complainant/Respondent no.2 is present in person and has been identified by Insp.Asha/IO and submits that matter has been settled, therefore, she does not wish to prosecute the matter any further.

10. 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.

11. For the reasons afore-recorded, FIR No.31/2016 dated 10.03.2016 registered at Police Station CWC Nanakpura and consequent proceedings emanating therefrom are quashed.

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

13. Order dasti.

JUDGE FEBRUARY 27, 2020 ab