Nikhil Singh & Ors vs State & Anr.
2019 Latest Caselaw 6233 Del

$~59
*      IN THE HIGH COURT OF DELHI AT NEW 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

                          J U D G M E N T (ORAL)

CRL. M.A. 41782/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 6196/2019

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.

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.

(SURESH KUMAR KAIT) JUDGE

DECEMBER 04, 2019 PB