Ombir @ Omveer & Ors vs State & Anr
2020 Latest Caselaw 1176 Del

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*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                          Date of decision: 19.02.2020
+     CRL.M.C. 150/2020 & Crl. M.A. 642/2020

      OMBIR @ OMVEER & ORS                  ..... Petitioners
                  Through  Mr. Kailash Chadnra Shakya and Ms.
                           Ninu Rama Devi, Advs.

                         versus

      STATE & ANR                                         ..... Respondents
                         Through       Mr. Izhar Ahmed, APP for State
                                       SI Ramesh Kumar, PS Nihal Vihar
                                       Mr. A. S. Rajput, Adv. for R-2
                                       With 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. 643/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 150/2020

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

FIR No. 806/2016 dated 23.10.2016 registered at Police Station Nihal Vihar

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. Petitioner no.1 and respondent no.2 got married on 11.07.2013 as per

Hindu rites and rituals. One baby girl child was born out of the wedlock.

Due to extreme incompatibilities between petitioners and respondent no.2,

they started living separately from 16.03.2016.

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

wishers and relatives, have entered into an amicable settlement and settled

all their disputes amicably.

8. A demand draft bearing No.003695 dated 25.11.2019 for the balance

amount of ₹1,25,000/- (Rupees One Lac Twenty Five Thousand) is handed

over to the respondent no. 2 today in the Court.

9. Complainant is present in person 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.

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. 806/2016 dated 23.10.2016

registered at Police Station Nihal Vihar and consequent proceedings

emanating therefrom are quashed.

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

13. Pending application stands disposed of.

14. Dasti.

(SURESH KUMAR KAIT) JUDGE FEBRUARY 19, 2020 ms