Vijay Kumar Singh & Ors. v. State & Anr.

Delhi High Court · 21 Jan 2020 · 2020:DHC:389
Suresh Kumar Kait
CRL.M.C.6156/2019
2020:DHC:389
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR arising from a matrimonial dispute following an amicable settlement between the parties and the complainant's decision not to prosecute.

Full Text
Translation output
CRL.M.C.6156/2019
HIGH COURT OF DELHI
Date of Decision: 21.01.2020
CRL.M.C. 6156/2019
VIJAY KUMAR SINGH & ORS ..... Petitioners
Through Mr.Anil Singh, Adv.
VERSUS
STATE & ANR ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
SI Ankit PS Mayur Vihar.
Mr.Sandeep Singh, Adv. for R-2 with R-2 in person.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 41598/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.415/2015 dated 06.07.2015 registered at Police Station Mayur Vihar Phase-I and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:389

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 no.1 and respondent no.2 got married on 07.02.2011 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 22.02.2014.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives have entered into an amicable settlement before the Family Court, East District Karkardooma Court, Delhi vide settlement deed dated 06.10.2018 and settled all their disputes amicably.

8. The total settlement amount is ₹5,80,000/-(Rupees Five Lacs Eight Thousand only). It is submitted that the respondent No. 2 has already received an amount of ₹3,80,000/- lakhs (Rupees Three Lacs Eighty Thousand only). A demand draft bearing No.036349 dated 13.01.2020 for the balance amount of ₹2,00,000/- (Rupees Two Lacs only) is handed over to the respondent No. 2 today in the Court.

9. The complainant/respondent no.2 is present in person and has been identified by SI Ankit of Police Station Mayur Vihar and submits that matter has been settled, therefore, 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.415/2015 dated 06.07.2015 registered at Police Station Mayur Vihar and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

JUDGE JANUARY 21, 2020 ab