Sh. Shekhar & Ors. v. State & Anr.

Delhi High Court · 19 Feb 2020 · 2020:DHC:1205
Suresh Kumar Kait
CRL.M.C. 915/2020
2020:DHC:1205
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and related proceedings in a matrimonial dispute following an amicable settlement between the parties and the complainant's decision not to prosecute.

Full Text
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CRL.M.C. 915/2020
HIGH COURT OF DELHI
Date of Decision: 19.02.2020
CRL.M.C. 915/2020
SH. SHEKHAR & ORS. ..... Petitioners
Through Mr. Bhupender M. Sharma with Mr. Rohit, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Sonu Ram, PS Subhash Place, ASI Jai Bhagwan, PS Vijay Vihar
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 3764/2020

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. 977/2014 dated 30.08.2014 registered at Police Station Vijay Vihar and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:1205

5. 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.

6. Petitioner no.1 and respondent no.2 got married on 15.05.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 22.08.2013.

7. Petitioners and respondent no.2, with the intervention of their well wishers and relatives, have entered into an amicable settlement before the Delhi Mediation Centre, Rohini Courts vide settlement deed dated 29.03.2019 and settled all their disputes amicably.

8. A demand draft bearing No.521668 dated 10.02.2020 for the balance amount of ₹ 35,000/- (Rupees Thirty Five Thousand) is handed over to the respondent no. 2 today in the Court.

9. Complainant is present in person and has been identified by SI Sonu Ram of Police Station Subhash Place 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. 977/2014 dated 30.08.2014 registered at Police Station Vijay Vihar and consequent proceedings emanating therefrom are quashed.

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

13. Order dasti

JUDGE FEBRUARY 19, 2020 ms