Shri Tek Chand Tokas vs State & Anr.
2020 Latest Caselaw 154 Del

$~73
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 10.01.2020

+      CRL.M.C. 81/2020
       SHRI TEK CHAND TOKAS                               ..... Petitioner
                    Through:            Ms. Savita Tokas, Adv.

                          versus

       STATE & ANR.                                        ..... Respondents
                          Through:      Mr. Hirein Sharma, APP for State
                                        with SI Kishor Prasad, PS - C.R. Park
                                        Mr. S.K. Saxena, Adv. for
                                        complainant/ R-2 with R-2 in person

       .CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

CRL. M.A. 369/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 81/2020

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

514/2015 dated 13.08.2015 registered at Police Station - Sangam Vihar,

New Delhi and consequent proceedings arising therefrom.

4. Notice issued.

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

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

present petition is taken up for final disposal.

6. The petitioner and respondent no.2 got married on 16.01.2013, as per

Hindu rites and rituals. One male child was born out of the wedlock,

namely, Himanshu Tokas. Due to extreme incompatibilities between the

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

December, 2014.

7. The petitioner no. 1 and respondent no.2 have entered into an

amicable settlement vide settlement deed dated 30.01.2018 and settled all

their disputes amicably. Petitioner has handed over a sum of Rs.25,000/- in

cash and a cheque bearing No. 760963 dated 10.01.2020 drawn on

Syndicate Bank for an amount of Rs.75,000/- to the respondent no. 2 in

Court today, as balanced payment, towards the full and final settlement.

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

identified by SI - Kishor Prasad and submits that the matter has been settled

and she does not wish to prosecute the matter any further.

9. 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.

10. For the reasons afore-recorded, the FIR No. 514/2015 dated

13.08.2015 registered at Police Station - Sangam Vihar, New Delhi and

consequent proceedings arising therefrom are quashed.

11. The petition is allowed accordingly.

Dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 10, 2020 PB