Manoj Anand & Anr. vs State Of Nct Of Delhi & Anr.
2020 Latest Caselaw 3440 Del

$~31
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 17.12.2020

+      CRL.M.C. 2475/2020
       MANOJ ANAND & ANR                                  ..... Petitioner
                   Through:             Mr. Rahul Tiwari, Adv.

                          versus

    STATE OF NCT OF DELHI & ANR                ..... Respondent
                  Through: Mr. P. L. Sharma, APP for State.
                            Mr. Vikas, Adv. for R-2 with
                            respondent no.2 in person through
                            VC.
                            SI Sunil Chandra
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing.

Crl. M.A. 17527/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 2475/2020

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.218/2016 dated 08.03.2016 registered at Police Station Moti Nagar

and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for State and by counsel for

respondent no.2 and with the consent of counsel for parties, present petition

is taken up for final disposal.

6. Present petition is filed on the ground that parties have settled their

dispute vide settlement deed dated 22.08.2019. As pointed out by learned

APP there are three accused and only two accused have filed the present

petition.

7. Complainant is present in person through VC and has been identified

by SI Sunil Chandra of Police Station Moti Nagar and submits that matter

has been settled and she does not wish to prosecute the matter any further

either against the petitioners and third accused namely Poonam.

8. Petitioner no.1 and respondent no.2 got married on 31.05.2015 as per

Hindu rites and rituals. Due to extreme incompatibilities between petitioners

and respondent no.2, they started living separately from 14.09.2015.

9. Petitioners and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 22.08.2019 and settled all their disputes amicably.

10. Learned counsel for petitioner has undertaken to hand over the DD

bearing no. 254620 dated 16.11.2020 for the balance amount of

Rs.2,50,000/- to respondent no.2 within one week.

11. Taking into account the aforesaid facts, this Court is inclined to quash

FIR as no useful purpose would be served in prosecuting petitioners

including third accused i.e. Poonam any further.

12. For the reasons afore-recorded, FIR No.218/2016 dated 08.03.2016

registered at Police Station Moti Nagar and consequent proceedings

emanating therefrom are quashed.

13. The petition is, accordingly, allowed and disposed of.

14. The order be uploaded on the website forthwith.

(SURESH KUMAR KAIT) JUDGE DECEMBER 17, 2020/ms