Neeraj Chauhan & Ors. v. State & Anr.

Delhi High Court · 19 Dec 2019 · 2019:DHC:7114
Suresh Kumar Kait
CRL.M.C. 6565/2019
2019:DHC:7114
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and criminal proceedings following an amicable settlement between the parties and the complainant's withdrawal of prosecution.

Full Text
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CRL.M.C. 6565/2019
HIGH COURT OF DELHI
Date of Decision: 19.12.2019
CRL.M.C. 6565/2019
NEERAJ CHAUHAN & ORS. ..... Petitioners
Through Mr. Trivender Chauhan, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmad, APP for State.
WSI Usha, PS Respondent no.2 is present in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR NO. 1492/2015 dated 27.10.2015 registered at Police Station Binda Pur and consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and with the consent of the counsel for the parties, the present petition is taken up for final disposal. 2019:DHC:7114

4. The petitioner no.1 and respondent no.2 got married on 12.05.2014 as per Hindu rites and rituals. One child was born out of the wedlock namely Master Purv. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately since 22.02.2015.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement before the Mediation Centre, Dwarka Court vide order dated 12.04.2016 and settled all their disputes amicably.

6. The total settlement amount is ₹4,70,000/-(Rupees Four Lakhs Seventy Thousand only). It is submitted that the respondent no.2 has already received an amount of ₹4,00,000/- (Rupees Four Lakhs only). A demand draft bearing No.924031 dated 18.12.2019 for the balance amount of ₹70,000/- (Rupees Seventy Thousand 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 WSI Usha of Police Station Binda Pur 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 petitioners any further.

9. For the reasons afore-recorded, the FIR No. 1492/2015 dated 07.10.2015 registered at Police Station Binda Pur and consequent proceedings emanating therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti

JUDGE DECEMBER 19, 2019 ms