Dalip R. Kumar vs State & Anr.
2020 Latest Caselaw 779 Del

$~43
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 05.02.2020
+      CRL.M.C. 634/2020
       DALIP R. KUMAR                                       ..... Petitioner
                    Through:            Mr. Manoj Kumar, Adv. with
                                        petitioner in person
                          versus
       STATE & ANR.                                      ..... Respondents
                          Through:      Mr. Izhar Ahmed, APP for State with
                                        SI Sandeep Maan, PS - Ambedkar
                                        Nagar
                                        R-2 in person

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.As. 2631-32/2020

1. Allowed, subject to all just exceptions.

2. Applications are disposed of.

CRL.M.C. 634/2020

3. Vide the present petition, the petitioner seek quashing of FIR No.

404/2015 dated 17.04.2015 registered at Police Station - Ambedkar Nagar

and consequent proceedings arising therefrom.

4. Notice issued.

5. Notice is accepted by learned APP for the State.

6. Respondent no. 2 in present in person.

7. With the consent of the counsel for the parties, the present petition is

taken up for final disposal.

8. The petitioner and respondent no.2 got married on 24.11.2012 as per

Hindu rites and rituals. Due to extreme incompatibilities between the

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

07.07.2014.

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

wishers and relatives entered into an amicable settlement vide mediation

settlement dated 19.09.2019 and settled all their disputes amicably. The total

settlement amount is ₹7,75,000/-(Rupees Seven Lakhs Seventy-Five

Thousand). Respondent No.2 submitted that she has already received an

amount of Rs. 4,75,000/-. A demand draft bearing No.446626 drawn on

Punjab National Bank, Civil Lines, Delhi for the balance amount of

₹3,00,000/- (Rupees Three Lakhs) is handed over to the respondent no. 2

today in the Court.

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

identified by SI Sandeep Maan, Police Station - Ambedkar Nagar and

submits that matter has been settled and she does not wish to prosecute the

matter any further.

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

the FIR as no useful purpose would be served in prosecuting the petitioner

any further.

12. For the reasons afore-recorded, the FIR No. 404/2015 dated

17.04.2015 registered at Police Station - Ambedkar Nagar and consequent

proceedings therefrom are quashed.

13. The petition is allowed and disposed of accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE

FEBRUARY 5, 2020 PB