Pawan Sharma v. State of NCT of Delhi

Delhi High Court · 07 Jan 2020 · 2020:DHC:47
Suresh Kumar Kait
CRL.M.C. 2279/2019
2020:DHC:47
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and proceedings following an amicable settlement and withdrawal of prosecution by the complainant.

Full Text
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CRL.M.C. 2279/2019
HIGH COURT OF DELHI
Date of Decision: 07.01.2020
CRL.M.C. 2279/2019
MR. PAWAN SHARMA ..... Petitioner
Through Mr. Dalvinder Singh, Mr. Rishabh and Mr. Rajat, Advs.
VERSUS
THE STATE OF NCT OF DELHI & ANR ..... Respondents
Through Mr. Panna Lal Sharma, APP for State Mr. Varun Bhardwaj with Mr. Shivam Chaudhary, Advs. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 59/2011 dated 01.03.2011 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 the respondent no.2 and with the consent of the counsel for the parties, the present petition is taken up for final disposal.

4. The petitioner no.1 and respondent no.2 got married on 03.05.2007 as per Hindu rites and rituals. Due to extreme incompatibilities between the 2020:DHC:47 petitioners and respondent no.2, they started living separately since 14.04.2019.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide memorandum of understanding deed executed on 01.02.2019 and settled all their disputes amicably.

6. The total settlement amount is ₹6,00,000/-(Rupees Six Lakhs only). It is submitted that the respondent No. 2 has already received an amount of ₹3,00,000/- (Rupees Three Lakhs only). A demand draft bearing No.38129 dated 06.01.2020 for the balance amount of ₹3,00,000/- (Rupees Three Lakhs only ) is handed over to the respondent No. 2 today in the Court.

7. The complainant is present in person with her counsel and has been identified by SI Anupam of Police Station Krishna 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 petitioner any further.

9. For the reasons afore-recorded, the FIR No. 59/2011 dated 01.03.2011 registered at Police Station Krishna Nagar and consequent proceedings emanating therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti

JUDGE JANUARY 07, 2020 AB