Joseph Kumar & Ors vs State & Anr
2020 Latest Caselaw 394 Del

$~39
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                  Date of decision: 21.01.2020.

+      CRL.M.C. 6454/2019
       JOSEPH KUMAR & ORS                                ..... Petitioners
                    Through             Mr.Saluiman Mohd. Khan, Ms.
                                        Taibha Khan, Mr. Mohit Rastogi and
                                        Ms. Vyakhya Pandey, Advs.

                         versus

       STATE & ANR                                        ..... Respondents
                         Through        Mr. K.K. Ghei, APP for State
                                        Respondent no.2 in person
                                        SI Kalam Singh, PS Sagar Pur

CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                         J U D G M E N T (ORAL)

1. Vide the present petition, the petitioners seek quashing of FIR No.

428/2016 dated 25.11.2016 registered at Police Station Sagar Pur and

consequent proceedings arising therefrom.

2. Notice issued.

3. Notice is accepted by learned APP for the State and with the consent

of the counsel for the parties, the present petition is taken up for final

disposal.

4. The petitioner no.1 and respondent no.2 got married on 09.08.2015 as

per Hindu rites and rituals. Due to extreme incompatibilities between the

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

24.04.2016.

5. The petitioners and respondent no.2 with the intervention of their

well wishers and relatives entered into an amicable settlement vide

MOU/settlement deed dated 22.06.2018 and settled all their disputes

amicably.

6. Learned counsel for the petitioners has paid balance amount of ₹

25,000/- (Twenty Five Thousand Only) cash to respondent no. 2 today in

the Court . For identification, respondent no.2 has produced her Aadhar

Card bearing No. 914599083190 issued by Government of India. Original

Aadhar card seen and returned to respondent no.2.

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

identified by SI Kalam Singh of Police Station Sagar Pur and submits that

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

further.

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

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

any further.

9. For the reasons afore-recorded, the FIR No. 428/2016 dated

25.11.2016 registered at Police Station Sagar Pur and consequent

proceedings emanating therefrom are quashed.

10. The petition is allowed and disposed of accordingly.

11. Order dasti

(SURESH KUMAR KAIT) JUDGE JANUARY 21, 2020 ms