Chander Prakesh & Ors. vs State & Anr.
2021 Latest Caselaw 925 Del

$~11
*      IN THE HIGH COURT OF DELHI AT NEW DELHI

                                                Date of decision: 18.03.2021

+      CRL.M.C. 457/2021
       CHANDER PRAKESH & ORS.                ..... Petitioners
                   Through  Mr.Pramod Kumar, Adv. with
                            Mr.Arbind Yadav, Adv.

                           versus

       STATE & ANR.                                     .... Respondents
                           Through    Mr. Panna Lal Sharma, APP for State.
                                      SI Avdhesh Dixit PS Neb Sarai.
                                      Mr.Durga Prasad Shukla, Adv. for
                                      complainant.

       CORAM:
       HON'BLE MR. JUSTICE SURESH KUMAR KAIT

                           J U D G M E N T (ORAL)

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

FIR No.169/2018 dated 19.04.2018 registered at Police Station Neb Sarai

and consequent proceedings arising therefrom.

2. Notice issued.

3. 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.

4. Petitioner no.1 and respondent no.2 got married on 10.12.2013 as per

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

Ansh @ Daksh. Due to extreme incompatibilities between petitioners and

respondent no.2, they started living separately.

5. Petitioner no.1 and respondent no.2 with the intervention of their well

wishers and relatives entered into an amicable settlement vide settlement

deed dated 28.08.2018 and settled all their disputes amicably.

6. The total settlement amount is Rs.16,00,000/-(Rupees Sixteen Lakhs

only). It is submitted that the respondent no. 2 has already received an

amount of Rs.12,00,000/- (Rupees Twelve Lakhs only). A demand draft

bearing No.071743 dated 07.01.2021 drawn on SBI Bank for the balance

amount of Rs.4,00,000/- (Rupees Four Lakhs only) is handed over to the

respondent no. 2 today in the Court.

7. Complainant/respondent no.2 is present in person and has been

identified by SI Avdhesh Dixit of Police Station Neb Sarai and submits that

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

further.

8. Petitioner has supplied attested hard copy of the caste certificate to

respondent no.2 in court for getting her son's caste certificate.

9. 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.

10. For the reasons afore-recorded, FIR No.169/2018 dated 19.04.2018

registered at Police Station Neb Sarai and consequent proceedings

emanating therefrom are quashed.

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

(SURESH KUMAR KAIT) JUDGE MARCH 18, 2021 ab