Vinod Sharma v. State & Anr.

Delhi High Court · 18 Oct 2019 · 2019:DHC:5358
Suresh Kumar Kait
CRL.M.C. 5336/2019
2019:DHC:5358
criminal petition_allowed

AI Summary

The Delhi High Court quashed a criminal FIR and proceedings arising therefrom following an amicable settlement between the parties in a matrimonial dispute.

Full Text
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CRL.M.C. 5336/2019
HIGH COURT OF DELHI
Date of Decision: 18.10.2019.
CRL.M.C. 5336/2019
VINOD SHARMA ..... Petitioner
Through Mr. Aaditya Sharma, Adv.
VERSUS
STATE & ANR. ..... Respondents
Through Mr. Amit Gupta, Adv. for R-2 along with complainant.
Inspr. R. P. Minz, IO, PS Nanakpura
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
JUDGMENT
(ORAL)

1. Vide the present petition, the petitioner seeks quashing of FIR NO. 73/2010 dated 17.05.2010 registered at Police Station Crime (Women) Cell 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:5358

4. The petitioner no.1 and respondent no.2 got married on 15.02.2006 as per Hindu rites and rituals. Due to extreme incompatibilities between the petitioner and respondent no.2, they started living separately from 10.12.2007.

5. The petitioner and respondent no.2 with the intervention of their well wishers and relatives entered into an amicable settlement vide settlement deed dated 04.05.2019 and settled all their disputes amicably.

6. The total settlement amount is ₹23,00,000/-(Rupees Twenty Three Lakhs only). It is submitted that the respondent No. 2 has already received an amount of ₹16,00,000/- (Rupees Sixteen Lakhs Only ). A demand draft bearing No.678570 dated 02.09.2019 for the balance amount of ₹7,00,000/- (Rupees Seven Lakhs 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 SI R. P. Minz of Police Station Nanakpura 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 concerned FIR as no useful purpose would be served in prosecuting the petitioner any further.

9. For the reasons afore-recorded, of FIR No. 73/2010 dated 17.05.2010 registered at Police Station Crime (Women) Cell and consequent proceedings emanating therefrom are quashed.

10. The petition is allowed accordingly.

11. Order dasti.

JUDGE OCTOBER 18, 2019 ms