RAMAN CHHATWAL v. STATE & ANR.

Delhi High Court · 27 Jan 2020 · 2020:DHC:539
SURESH KUMAR KAIT
CRL.M.C. 421/2020
2020:DHC:539
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings based on an amicable settlement and the complainant's unwillingness to prosecute.

Full Text
Translation output
CRL.M.C. 421/2020
HIGH COURT OF DELHI
Date of Decision: 27.01.2020
CRL.M.C. 421/2020
RAMAN CHHATWAL ..... Petitioner
Through Mr. P. K. Chaudhary, Mr. Manoj kumar Singh, Mr. Parveen Chaudhary, Advs.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
ASI Sahansar Vir, PS Krishana Nagar Mr. Pankaj Tomar, Adv. for R-2 with
Mr. Pradeep Kumar Puri, father/AR of respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks quashing of FIR NO. 126/2016 dated 01.03.2016 registered at Police Station Krishna Nagar and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and counsel for respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2020:DHC:539

4. The petitioner and respondent no.2 got married on 29.04.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between petitioner and respondent no.2, they started living separately since January, 2015.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement and agreed to take divorce under mutual consent before Delhi Mediation Centre, Karkardooma Courts, Delhi vide order dated 29.01.2019 and settled all their disputes amicably.

6. Learned APP has pointed out that respondent no.2/complainant is not present today as she is expecting a baby. However, her father namely Mr. Pradeep Kumar Puri, being authorised by respondent no.2, is present in Court today.

7. The total settlement amount is ₹3,00,000/-(Rupees Three Lakhs only). It is submitted that the respondent no. 2 has already received an amount of ₹2,00,000 (Rupees Two Lakhs). A demand draft bearing No.713761 dated 24.01.2020 for the balance amount of ₹1,00,000/- (Rupees One Lakh Only) is handed over to the respondent no. 2 today in the Court.

8. The father of respondent no.2/complainant is present in person and has been identified by ASI Sahansar Vir of Police Station Krishana Nagar and submits that matter has been settled and she does not wish to prosecute the petitioner any further.

9. 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.

10. For the reasons afore-recorded, the FIR No. 126/2016 dated 01.03.2016 registered at Police Station Krishna and consequent proceedings emanating therefrom are quashed.

11. The petition is allowed and disposed of accordingly.

12. Order Order dasti under signatures of the Court Master.

JUDGE JANUARY 27, 2020 ms