Shri Tek Chand Tokas v. State & Anr.

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioner seeks quashing of FIR NO. 514/2015 dated 13.08.2015 registered at Police Station – Sangam Vihar, New Delhi and consequent proceedings arising therefrom. 2020:DHC:143

4. Notice issued.

5. 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.

6. The petitioner and respondent no.2 got married on 16.01.2013, as per Hindu rites and rituals. One male child was born out of the wedlock, namely, Himanshu Tokas. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately from December, 2014.

7. The petitioner no. 1 and respondent no.2 have entered into an amicable settlement vide settlement deed dated 30.01.2018 and settled all their disputes amicably. Petitioner has handed over a sum of Rs.25,000/- in cash and a cheque bearing No. 760963 dated 10.01.2020 drawn on Syndicate Bank for an amount of Rs.75,000/- to the respondent no. 2 in Court today, as balanced payment, towards the full and final settlement.

8. The complainant is present in person with her counsel and has been identified by SI – Kishor Prasad and submits that the matter has been settled and she does not wish to prosecute the matter 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. 514/2015 dated 13.08.2015 registered at Police Station – Sangam Vihar, New Delhi and consequent proceedings arising therefrom are quashed.

11. The petition is allowed accordingly. Dasti.

JUDGE JANUARY 10, 2020 PB