Raju Nischal & Ors. vs State & Anr.
2019 Latest Caselaw 5948 Del

$~21
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of decision: 25.11.2019

+      CRL.M.C. 4595/2019
       RAJU NISCHAL & ORS.                              ..... Petitioners
                       Through:         Ms. Reema Roy, Advocate


                         versus

       STATE & ANR.                                         ..... Respondents
                         Through:       Mr. Izhar Ahmad, Additional Public
                                        Prosecutor for the State
                                        SI Ramesh Kumar, PS Nihal Vihar
                                        Respondent no.2 in person

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No

65/2010 dated 09.04.2010 registered at Police Station Nihal Vihar 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.

4. The petitioner no.1 and respondent no.2 got married on 02.11.2009 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

petitioners and respondent no.2, they started living separately

5. The petitioner and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement and settled all their

disputes amicably. The marriage between petitioner no.1 and respondent

no.2 has been dissolved by way of mutual consent by the Court of Ld.

Principal Judge, Family Court (West) Tis Hazari Courts, Delhi. Respondent

no.2 has received balance settlement of ₹ 20,000/- paid in cash by petitioner

no.1 to respondent no.2/complainant.

6. The complainant is present in person with her counsel and has been

identified by SI Ramesh kumar of Police Station Nihal Vihar and submits

that matter has been settled and 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 FIR as no useful purpose would be served in prosecuting the

petitioners any further.

8. For the reasons afore-recorded, of FIR No 65/2010 dated 09.04.2010

registered at Police Station Nihal Vihar and consequent proceedings

emanating therefrom are quashed.

9. The petition is allowed accordingly.

10. Order dasti.

(SURESH KUMAR KAIT) JUDGE NOVEMBER 25, 2019 ms