Rohit Kumar & Ors. v. State & Anr.

Delhi High Court · 14 Jan 2020 · 2020:DHC:212
Suresh Kumar Kait
CRL.M.C.126/2020
2020:DHC:212
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 withdrawal of prosecution by the complainant.

Full Text
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CRL.M.C.126/2020
HIGH COURT OF DELHI
Date of Decision: 14.01.2020
CRL.M.C. 126/2020
ROHIT KUMAR & ORS. ..... Petitioners
Through Mr.Suresh Chand Joshi, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State.
Mr.Harish Nigam, Adv. for R-2.
Insp.Ghanshyam Kishore ASI Dineshan PS Mayapuri.
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
Crl. M.A. 549/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR No.89/2016 dated 13.02.2016 registered at Police Station Mayapuri and consequent proceedings arising therefrom.

4. Notice issued. 2020:DHC:212

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 06.11.2011 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately.

7. The petitioners and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Family Court, Delhi vide settlement agreement dated 07.05.2019 and settled all their disputes amicably.

8. The total settlement amount is ₹8,00,000/-(Rupees Eight Lacs only). It is submitted that the respondent No. 2 has already received an amount of ₹6 lakhs (Rupees Six Lacs only). A demand draft bearing No.186977 dated 09.01.2020 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 with her counsel and has been identified by ASI Dineshan 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 concerned FIR as no useful purpose would be served in prosecuting the petitioners any further.

11. For the reasons afore-recorded, the FIR No.89/2016 dated 13.02.2016 registered at Police Station Mayapuri and consequent proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

JUDGE JANUARY 14, 2020 ab