Citation : 2020 Latest Caselaw 1032 Del
Judgement Date : 14 February, 2020
$~54
* IN THE HIGH COURT OF DELHI AT NEW DELHI
Date of decision: 14.02.2020
+ CRL.M.C. 835/2020
SANJEEV SAINI & ANR ..... Petitioners
Through Dr.Ram Avtar Sharma, Adv.
versus
THE STATE (N.C.T OF DELHI) & ANR ..... Respondents
Through Mr.Panna Lal Sharma, APP for State.
SI Vinod Kumar SI Ajay Kumar.
Respondent no.2 in person
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
J U D G M E N T (ORAL)
Crl. M.A. 3416/2020
1. Allowed, subject to all just exceptions.
2. Application is disposed of.
CRL.M.C. 835/2020
3. Vide the present petition, petitioners seek direction for quashing of
FIR No. 456/2013 dated 30.10.2013 registered at Police Station Burari and
consequent proceedings arising therefrom.
4. Notice issued.
5. Notice is accepted by learned APP for State and respondent no.2 who
is present in person and with the consent of counsel for parties, the present
petition is taken up for final disposal.
6. Petitioner no.1 and respondent no.2 got married on 23.04.2008 as per
Hindu rites and rituals. One child was born out of the wedlock namely
Pranav. Due to extreme incompatibilities between petitioners and respondent
no.2, they started living separately since 20.01.2012
7. Petitioners and respondent no.2 with the intervention of their well
wishers and relatives entered into an amicable settlement vide memorandum
of understanding dated 28.08.2015 and settled all their disputes amicably.
8. A demand draft bearing No.507759 dated 10.02.2020 for balance
amount of ₹50,000/- (Rupees Fifty Thousand Only) is handed over to
respondent No. 2 today in the Court.
9. Complainant/respondent no.2 is present in person with her counsel
and has been identified by SI Vinod Kumar of Police Station Burari and
submits that matter has been settled and she does not wish to prosecute the
matter any further.
10. Taking into account the aforesaid facts, this Court is inclined to quash
FIR as no useful purpose would be served in prosecuting petitioners any
further.
11. For the reasons afore-recorded, FIR No. 456/2013 dated 30.10.2013
registered at Police Station Burari and consequent proceedings emanating
therefrom are quashed.
12. The petition is, accordingly, allowed and disposed of.
13. Order dasti.
(SURESH KUMAR KAIT) JUDGE FEBRUARY 14, 2020 ab
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