Anoop Biswas vs The State (Nct Of Delhi) & Anr.
2020 Latest Caselaw 1646 Del

$~56
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 16.03.2020
+      CRL.M.C. 1423/2020
       ANOOP BISWAS                                       ..... Petitioner
                          Through       Mr. Vijay Shankar Tiwari, Adv. along
                                        with petitioner.

                          versus


    THE STATE (NCT OF DELHI) & ANR.            ..... Respondents
                  Through   Mr.Izhar Ahmed, APP for State.
                            SI Rajeshwar, PS Palam Village
                            Mr. Gaurav Chowdhary, 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. 5480/2020

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C. 1423/2020

3. Vide the present petition, petitioner seeks direction for

quashing of FIR No. 290/2017 dated 16.08.2017 registered at Police Station

Palam Village 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 and respondent no.2 got married on 20.01.2012 as per

Hindu rites and rituals. One child was born out of the wedlock namely Ishan

Biswas on 25.12.2012. Due to extreme incompatibilities between petitioner

and respondent no.2, they started living separately from 18.08.2016.

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

wishers and relatives entered into an amicable settlement before the

Counselling Cell, Family Courts, Dwarka Courts, New Delhi vide

settlement deed dated 08.02.2019 and in the settlement deed, petitioner had

agreed to pay a total sum of ₹5,00,000/- to respondent no.2 and settled all

their disputes amicably.

8. A demand draft bearing No.117615 dated 11.02.2020 for the balance

amount of ₹1,50,000/- (Rupees One Lac Fifty Thousand Only) is handed

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

9. Complainant is present in person and has been identified by SI

Rajeshwar of Police Station Palam Village 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 petitioner any

further.

11. For the reasons afore-recorded, FIR No. 290/2017 dated 16.08.2017

registered at Police Station Palam Village and consequent proceedings

emanating therefrom are quashed.

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

13. Order dasti

(SURESH KUMAR KAIT) JUDGE MARCH 16, 2020 ms