Dalip R. Kumar v. State & Anr.

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

3. Vide the present petition, the petitioner seek quashing of FIR NO. 404/2015 dated 17.04.2015 registered at Police Station – Ambedkar Nagar and consequent proceedings arising therefrom. 2020:DHC:814

4. Notice issued.

5. Notice is accepted by learned APP for the State.

6. Respondent no. 2 in present in person.

7. With the consent of the counsel for the parties, the present petition is taken up for final disposal.

8. The petitioner and respondent no.2 got married on 24.11.2012 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately from 07.07.2014.

9. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide mediation settlement dated 19.09.2019 and settled all their disputes amicably. The total settlement amount is ₹7,75,000/-(Rupees Seven Lakhs Seventy-Five Thousand). Respondent No.2 submitted that she has already received an amount of Rs. 4,75,000/-. A demand draft bearing No.446626 drawn on Punjab National Bank, Civil Lines, Delhi for the balance amount of ₹3,00,000/- (Rupees Three Lakhs) is handed over to the respondent no. 2 today in the Court.

10. The complainant is present in person with her counsel and has been identified by SI Sandeep Maan, Police Station – Ambedkar Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.

11. Taking into account the aforesaid facts, this Court is inclined to quash the FIR as no useful purpose would be served in prosecuting the petitioner any further.

12. For the reasons afore-recorded, the FIR No. 404/2015 dated 17.04.2015 registered at Police Station – Ambedkar Nagar and consequent proceedings therefrom are quashed.

13. The petition is allowed and disposed of accordingly. Dasti.

JUDGE FEBRUARY 5, 2020 PB