Prince Sharma & Ors. vs The State Through Its Chief ...
2021 Latest Caselaw 301 Del

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*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                  Date of decision: 28.01.2021
+      CRL.M.C. 249/2021
       PRINCE SHARMA & ORS.                               ..... Petitioners
                   Through              Mr.Yashpal Jolly, Adv.

                          versus

       THE STATE THROUGH ITS CHIEF SECRETARY & ANR.
                                             ..... Respondents
                          Through       Mr.Izhar Ahmed, APP for State.
                                        SI Anuj Mor PS Tilak Nagar.
                                        Mr.Rupendu Singh, Adv. for R-2 with
                                        R-2 in person through VC.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                          J U D G M E N T (ORAL)

The hearing has been conducted through video conferencing. Crl. M.A. 1281/2021

1. Allowed, subject to all just exceptions.

2. Application is disposed of.

CRL.M.C.249/2021

3. Vide the present petition, petitioners seek direction for quashing of

FIR No.165/2018 dated 27.04.2018 registered at Police Station Tilak Nagar,

Delhi 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 no.1 and respondent no.2 got married on 20.04.2016 per

Hindu rites and rituals. Due to extreme incompatibilities between petitioner

no.1 and respondent no.2, they started living separately since 22.12.2017.

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

wishers and relatives entered into an amicable settlement before the Delhi

Mediation Centre, Tis Hazari Courts, Delhi vide settlement deed dated

07.12.2018 and settled all their disputes amicably.

8. The total settlement amount is Rs.2,85,000/-(Rupees Two Lakhs

Eighty Five Thousand only). It is submitted that the respondent no. 2 has

already received an amount of Rs.1,85,000/- (Rupees One Lakh Eighty Five

Thousand only). A demand draft bearing No. 011492 dated 20.11.2020 for

the balance amount of ₹1,00,000/- (Rupees One Lakh) is given to

respondent no. 2 today.

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

Mor of Police Station Tilak Nagar 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 petitioners any

further.

11. For the reasons afore-recorded, FIR No.165/2018 dated 27.04.2018

registered at Police Station Tilak Nagar, Delhi and consequent proceedings

emanating therefrom are quashed.

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

13. The judgment be uploaded on the website of this Court forthwith.

(SURESH KUMAR KAIT) JUDGE JANUARY 28, 2021 ab