Naresh Kumar v. State

Delhi High Court · 21 Nov 2019 · 2019:DHC:6200
Suresh Kumar Kait
CRL.M.C. 3425/2019
2019:DHC:6200
criminal petition_allowed

AI Summary

The Delhi High Court quashed an FIR and all proceedings based on an amicable settlement between the parties and withdrawal of prosecution by the complainant.

Full Text
Translation output
Crl MC 3425/2019 HIGH COURT OF DELHI
Date of Decision: 21.11.2019
CRL.M.C. 3425/2019
SH. NARESH KUMAR & ANR. ..... Petitioners
Through Mr. Mahesh Verma, Adv with petitioners in person
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Izhar Ahmed, APP for State Insp. A S Rawat, SHO, P.S. Nand
Nagari Mr. Shiva Lakshmi, Adv (CGSC) for R-2 with R-2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.1000/2015 dated 03.10.2015 registered at Police Station Nand Nagri and consequent proceedings arising therefrom.

2. Notice issued.

3. 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. 2019:DHC:6200

4. The petitioner no.1 and respondent no.2 got married on 30.04.2013 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioners and respondent no.2, they started living separately from 11.05.2014.

5. The petitioner no.1 and respondent no.2 have entered into an amicable settlement before the Delhi Mediation Centre, Karkardooma Courts, Delhi vide a settlement dated 14.05.2018, according to which the petitioner no.1 had agreed to pay a sum of ₹ 1,30,000/- to respondent no.2 towards full and final settlement of all her claims. Out of the settled amount, ₹ 1 lac already stands paid by the petitioner no.1 and the remaining ₹30,000/- in cash has been handed over to the respondent no.2 in the Court today.

6. The Respondent No. 2 is present in person with her counsel and has been identified by Insp. A S Rawat of P.S. Nand Nagari and submits that the matter has been settled and she has received the entire settlement amount and therefore, she does not wish to prosecute the matter any further.

7. Taking into account the aforesaid facts, this Court is inclined to quash the concerned F.I.R as no useful purpose would be served in prosecuting the petitioners any further.

8. For the reasons afore-recorded, the No.1000/2015 dated 03.10.2015 registered at Police Station Nand Nagri and consequent proceedings arising therefrom are quashed.

9. The petition is allowed accordingly. Dasti.

JUDGE NOVEMBER 21, 2019 sm