Sanjeev Saini & Anr v. The State (N.C.T of Delhi) & Anr

Delhi High Court · 14 Feb 2020 · 2020:DHC:1084
Suresh Kumar Kait
CRL.M.C. 835/2020
2020:DHC:1084
criminal petition_allowed

AI Summary

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

Full Text
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CRL.M.C. 835/2020
HIGH COURT OF DELHI
Date of Decision: 14.02.2020
CRL.M.C. 835/2020
SANJEEV SAINI & ANR ..... Petitioners
Through Dr.Ram Avtar Sharma, Adv.
VERSUS
THE STATE (N.C.T OF DELHI) & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Vinod Kumar SI Ajay Kumar.
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 3416/2020

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. 456/2013 dated 30.10.2013 registered at Police Station Burari and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1084

5. Notice is accepted by learned APP for State and respondent no.2 who is present in person and with the consent of counsel for parties, the present petition is taken up for final disposal.

6. Petitioner no.1 and respondent no.2 got married on 23.04.2008 as per Hindu rites and rituals. One child was born out of the wedlock namely Pranav. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately since 20.01.2012

7. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum of understanding dated 28.08.2015 and settled all their disputes amicably.

8. A demand draft bearing No.507759 dated 10.02.2020 for balance amount of ₹50,000/- (Rupees Fifty Thousand Only) is handed over to respondent No. 2 today in the Court.

9. Complainant/respondent no.2 is present in person with her counsel and has been identified by SI Vinod Kumar of Police Station Burari 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 FIR as no useful purpose would be served in prosecuting petitioners any further.

11. For the reasons afore-recorded, FIR No. 456/2013 dated 30.10.2013 registered at Police Station Burari and consequent proceedings emanating therefrom are quashed.

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

13. Order dasti.

JUDGE FEBRUARY 14, 2020 ab