Mohit Anand & Ors v. State (Govt. of N.C.T of Delhi) & Anr

Delhi High Court · 27 Jan 2020 · 2020:DHC:543
Suresh Kumar Kait
CRL.M.C. 418/2020
2020:DHC:543
criminal petition_allowed

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The Delhi High Court quashed a matrimonial dispute FIR and proceedings upon the parties' amicable settlement and the complainant's withdrawal of prosecution.

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CRL.M.C. 418/2020
HIGH COURT OF DELHI
Date of Decision: 27.01.2020
CRL.M.C. 418/2020
MOHIT ANAND & ORS ..... Petitioners
Through Mr.J.S. Bakshi, Adv. with Mr.Amitesh Singh Bakshi, Adv.
VERSUS
STATE (GOVT. OF N.C.T OF DELHI) & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
Ms.Shreya Rao, Adv. for R-2 with R-2 in person.
SI Ritu Raj PS Rajinder Nagar.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 188/2015 dated 25.02.2015 registered at Police Station Rajinder Nagar and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:543

4. The petitioner no.1 and respondent no.2 got married on 10.02.2012 as per Hindu rites and rituals. One female child was born out of the wedlock namely Baby Naira @ Tamira. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 10.08.2014.

5. The petitioner no.1 and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide MOU dated 22.07.2019 and settled all their disputes amicably.

6. The total settlement amount is ₹1 crore (Rupees One Crore only). It is submitted that the respondent no. 2 has already received an amount of ₹55 lakhs (Rupees Fifty Five lakhs only). A demand draft bearing No.137405 for the balance amount of ₹45 lakhs (Rupees Forty lakhs only) is handed over to the respondent no. 2 today in the Court.

7. The complainant/respondent no.2 is present in person with her counsel and has been identified by SI Ritu Raj of Police Station Rajinder Nagar and submits that matter has been settled and she does not wish to prosecute the matter any further.

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

9. For the reasons afore-recorded, the FIR No. 188/2015 dated 25.02.2015 registered at Police Station Rajinder Nagar and consequent proceedings therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order Dasti.

JUDGE JANUARY 27, 2020 ab