Vijay Kumar Singh & Ors vs State & Anr
2020 Latest Caselaw 402 Del

$~4
*     IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                 Date of decision: 21.01.2020

+     CRL.M.C. 6156/2019
      VIJAY KUMAR SINGH & ORS                             ..... Petitioners
                         Through       Mr.Anil Singh, Adv.

                         versus

      STATE & ANR                                       ..... Respondents
                         Through       Mr. Izhar Ahmad, APP for State.
                                       SI Ankit PS Mayur Vihar.
                                       Mr.Sandeep Singh, Adv. for 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. 41598/2019

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.6156/2019

3. Vide the present petition, the petitioners seek quashing of FIR

No.415/2015 dated 06.07.2015 registered at Police Station Mayur Vihar

Phase-I 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 no.1 and respondent no.2 got married on 07.02.2011 as

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

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

22.02.2014.

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

well wishers and relatives have entered into an amicable settlement before

the Family Court, East District Karkardooma Court, Delhi vide settlement

deed dated 06.10.2018 and settled all their disputes amicably.

8. The total settlement amount is ₹5,80,000/-(Rupees Five Lacs Eight

Thousand only). It is submitted that the respondent No. 2 has already

received an amount of ₹3,80,000/- lakhs (Rupees Three Lacs Eighty

Thousand only). A demand draft bearing No.036349 dated 13.01.2020 for

the balance amount of ₹2,00,000/- (Rupees Two Lacs only) is handed over

to the respondent No. 2 today in the Court.

9. The complainant/respondent no.2 is present in person and has been

identified by SI Ankit of Police Station Mayur Vihar and submits that matter

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

further.

10. 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.

11. For the reasons afore-recorded, the FIR No.415/2015 dated

06.07.2015 registered at Police Station Mayur Vihar and consequent

proceedings emanating therefrom are quashed.

12. The petition is allowed and disposed of accordingly.

13. Order dasti.

(SURESH KUMAR KAIT) JUDGE JANUARY 21, 2020 ab