Nikhil Singh & Ors. v. State & Anr.

Delhi High Court · 04 Dec 2019 · 2019:DHC:6612
Suresh Kumar Kait
CRL.M.C. 6196/2019
2019:DHC:6612
criminal petition_allowed

AI Summary

The Delhi High Court quashed a matrimonial dispute FIR and related proceedings following an amicable settlement and the complainant's consent to discontinue prosecution.

Full Text
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CRL.M.C. 6196/2019
HIGH COURT OF DELHI
Date of Decision: 04.12.2019
CRL.M.C. 6196/2019
NIKHIL SINGH & ORS. ..... Petitioners
Through: Mr. Mohammad Sajid, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through: Mr. Kamal Kr. Ghei, APP for State with W/SI Sushma, PS – Uttam Nagar
Mr. Pradeep Kumar, Adv. for R-2
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)
CRL. M.A. 41782/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

3. Vide the present petition, the petitioners seek quashing of FIR NO. 369/2016 dated 08.04.2016 registered at Police Station – Uttam Nagar, New Delhi and consequent proceedings arising therefrom.

4. Notice issued. 2019:DHC:6612

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 11.06.2015 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 29.08.2015.

7. The petitioner and respondent no.2 have entered into an amicable settlement mutually and it is agreed that ₹2,60,000/- (Rupees Two Lakh Sixty Thousand) would be paid by the petitioner to the respondent No. 2, as full and final settlement of all claims. It is stated that the respondent No. 2 has received an amount of ₹2,10,000/- (Rupees Two Lakh Ten Thousand). A demand draft bearing No.305402 dated 03.12.2019 drawn on Vijaya Bank for the balance amount of ₹50,000/- (Rupees Fifty Thousand) is handed over to the respondent No. 2 today in the Court.

8. The complainant is present in person with her counsel and has been identified by W/SI - Sushma of Police Station – Uttam Nagar and submits that 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 petitioners any further.

10. For the reasons afore-recorded, the FIR No. 369/2016 dated 08.04.2016 registered at Police Station – Uttam Nagar, New Delhi and consequent proceedings arising therefrom are hereby quashed.

11. The petition is allowed accordingly. Dasti.

JUDGE DECEMBER 04, 2019 PB