Mohit Sareen @ Sarin & Anr. v. State & Anr.

Delhi High Court · 16 Jan 2020 · 2020:DHC:279
Suresh Kumar Kait
CRL.M.C. 188/2020
2020:DHC:279
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and proceedings under Section 482 CrPC following an amicable settlement and the complainant's decision not to prosecute.

Full Text
Translation output
CRL.M.C. 188/2020
HIGH COURT OF DELHI
Date of Decision: 16.01.2020
CRL.M.C. 188/2020
MOHIT SAREEN @ SARIN & ANR. ..... Petitioners
Through: Mr. Dharmender Sharma, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Kamal Kumar Ghai, APP for
State with Vikash, PS – Binda Pur, SI
Balu Ram/IO, presently posted at PS
– Sector – 23, Dwarka
R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 801/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 0335/2018 dated 26.04.2018 registered at Police Station – Binda Pur, New Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:279

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

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

7. The petitioner no.1 and respondent no.2 got married on 08.02.2014 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 24.03.2017.

8. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 01.02.2019 and settled all their disputes amicably. The total settlement amount is ₹5,50,000/-(Rupees Five Lakhs Fifty Thousand).. It is submitted that the respondent No. 2 has already received an amount of ₹3,00,000/- (Rupees Three Lakhs). A demand draft bearing No.012147 dated 17.12.2019 for the balance amount of ₹2,50,000/- (Rupees Two Lakhs Fifty Thousand) is handed over to the respondent No. 2 today in the Court.

9. The complainant is present in person with her counsel and has been identified by SI – Balu Ram/ main IO 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 the FIR as no useful purpose would be served in prosecuting the petitioners any further.

11. For the reasons afore-recorded, the FIR No. 0335/2018 dated 26.04.2018 registered at Police Station – Binda Pur and consequent proceedings arising therefrom are quashed.

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

JUDGE JANUARY 16, 2020 PB