Delhi High Court
Vivek Kumar Sahu vs State Of Nct Of Delhi & Anr. on 24 September, 2019
$~51
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 24.09.2019
+ CRL.M.C. 4841/2019
VIVEK KUMAR SAHU ..... Petitioner
Through Mr. Abhay Kumar with Mr. Surender,
Advs.
versus
STATE OF NCT OF DELHI & ANR. ..... Respondents
Through Mr. Ashok Kumar Verma, Adv. for
R-2 with respondent no.2 in person
SI Pradeep Sharma, PS Govindpuri
Mr. Panna Lal Sharma, APP for State
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
CRL. M.A. 36726/2019
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 4841/2019
3. Vide the present petition, the petitioner seeks direction thereby for
quashing of FIR No. 996/15 dated 29.07.2015, registered at PS Govind
Puri, Distt. South East and all other proceedings emanating therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for the State and counsel for the
respondent no.2.
6. With the consent of the counsel for the parties, the present petition is
taken up for final disposal.
7. The Complainant/respondent no.2 is wife of younger brother of
petitioner and arrived at a settlement on 09.07.2019 before the mediation
Centre, Saket Courts, New Delhi.
8. She has been reaping the benefits of the settlement dated 09.07.2019
by leading a peaceful matrimonial life and the petitioner has extended
wholehearted cooperation to restore the matrimonial life of the respondent
no.2 in a peaceful congenial atmosphere.
9. It is not in dispute that no recovery has been made from the petitioner.
Accordingly, even on merits there is no case of the prosecution to prove
guilt of the petitioner beyond reasonable doubt, therefore, there is no
purpose to prosecute the petitioner as it will be sheer wastage of the precious
time of the Court.
10. Respondent no.2 is present in person with her counsel and is
identified by SI Pradeep Sharma, who states that she made the allegations in
the complaint against the petitioner, because of the matrimonial dispute
which was pending with her husband and his family.
11. In that eventuality, prosecution should be initiated against the
respondent no.2 on taking into account the false allegations made by her
against the petitioner. However, keeping in mind the fact that respondent
no.2 is sister in law of the petitioner and she is currently staying with her
husband and his family, she seeks unconditional apology which is accepted
by this Court.
12. The present petition is filed on the ground that the parties have settled
their disputes amicably and the respondent No.2 has no objection if the
present petition is allowed.
13. The petitioner and respondent no.2 have entered into an amicable
settlement vide settlement deed dated 09.07.2019 before the Mediation
Centre, Saket Courts, New Delhi.
14. 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.
15. For the reasons afore-recorded, the FIR No. 996/15 dated 29.07.2015
registered at Police Station Govind Puri, Distt. South East and consequent
proceedings therefrom are quashed.
16. The petition is allowed accordingly.
17. Order dasti, under the signature of Court Master.
(SURESH KUMAR KAIT)
JUDGE
SEPTEMBER 24, 2019
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