CRL.M.C./6454/2019 of JOSEPH KUMAR & ORS Vs STATE & ANR

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. 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 M 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. 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. [REDACTED] 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.

CRL.M.C. 6454/2019

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

JANUARY 21, 2020 ms

(SURESH KUMAR KAIT) JUDGE

CRL.M.C. 6454/2019