Rohit Rana & Ors. v. State & Anr.

Delhi High Court · 18 Feb 2020 · 2020:DHC:1152
Suresh Kumar Kait
CRL.M.C.666/2020
2020:DHC:1152
criminal petition_allowed

AI Summary

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

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CRL.M.C.666/2020
HIGH COURT OF DELHI
Date of Decision: 18.02.2020
CRL.M.C. 666/2020
ROHIT RANA & ORS. ..... Petitioners
Through Mr.Raj Kumar, Adv. with petitioners in person.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
ASI Sita Ram PS New Usmanpur.
Ms.Anita Diwedi, Adv. for R-2 with R-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.148/2016 dated 05.02.2016 registered at Police Station New Usmanpur and consequent proceedings arising therefrom.

2. Notice issued.

3. 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. 2020:DHC:1152

4. Petitioner no.1 and respondent no.2 got married on 24.11.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioners and respondent no.2, they started living separately from 19.08.2014.

5. Petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Principal Judge, Family Court, North-East District, Karkardooma, Delhi vide settlement deed dated 23.10.2018 and settled all their disputes amicably.

6. The total settlement amount is ₹8,50,000/-(Rupees Eight Lakhs Fifty Thousand only). It is submitted that the respondent no.2 has already received an amount of ₹5,50,000/- (Rupees Five Lakhs Fifty Thousand only). A demand draft bearing No.434247 dated 24.01.2020 for the balance amount of ₹3,00,000/- (Rupees Three Lakhs only) is handed over to respondent no. 2 today in the Court.

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

8. 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.

9. For the reasons afore-recorded, FIR No.148/2016 dated 05.02.2016 registered at Police Station New Usmanpur and consequent proceedings emanating therefrom are hereby quashed.

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

11. Order dasti

JUDGE FEBRUARY 18, 2020 ab